David Lindsey Colorado Attorney for Federal Crimes, Drug Crimes, White Collar, Fraud, Computer Crimes, Sex Crimes and Violent Crimes Defense

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Have You Been Accused of Date Rape?

accused of date rapeIf you or someone you care about has been accused of date rape, you need to speak to an attorney. Guilty or not, your situation is serious.

Even if criminal charges are not filed against you or you are not convicted, being accused of date rape can ruin your life. Innocent people accused of things they did not do end up losing friends, dealing with professional issues, and experiencing problems with family members. If you believe someone is going to accuse you of date rape or already has, you need to contact an attorney who has experience dealing with sex crimes.

What is Date Rape?

Date rape occurs when sexual assault takes place within casual relationships that are not yet committed or domestically linked. The term date rape is also used when drugs are involved in sexual assault.

Date rape is not an official legal term. You cannot officially face charges of date rape. Instead, you’ll face charges of sexual assault. It is illegal to have sex with anyone who is unaware or unconscious or who did not consent to the activity. It is also illegal to have sex with someone conscious, but not capable of controlling their conduct.

Anyone convicted of sexual assault faces serious charges, including lengthy prison sentences. There is also a mandatory requirement to register as a sex offender. Additionally, the court might order fines, restitution, community service, or probation or parole.

These are just the “official” consequences. People accused of date rape face a variety of other long-term issues. If you have a professional license or work in an industry that views sexual assault allegations as a potential liability, you face career issues. People have lost their jobs after facing accusations of date rape.

Accusations of date rape also affect personal relationships. Many of these cases boil down to “he said – she said” cases. It’s your word against your accuser’s. This makes it difficult for friends to understand or trust the details of the situation and many choose to abandon the relationship. Others side with the accuser regardless of whether they are telling the truth.

What Happens If You are Falsely Accused of Date Rape?

Ideally, you’ll avoid situations that can lead to accusations of date rape.

Refrain from sexual activity when you or anyone else involved is under the influence of alcohol or drugs. Avoid spending time alone with intoxicated people or when intoxicated. Plan dates in public locations until you know the person well.

If you engage in sexual activity with someone, do whatever is necessary to prove consent beforehand. It might seem over-the-top or unromantic to build a paper trail before engaging in sexual activity, but it’s important to protect yourself.

Sadly, some people levy false allegations of sexual assault against people they know. This happens for many different reasons. False allegations grow out of misunderstandings, hard feelings, or regrets. Some false allegations are downright vindictive. Regardless of why you were falsely accused, you need to seek legal support quickly.

To convict you of sexual assault or date rape, the prosecutor needs to prove non-consensual sexual contact occurred between non-married people with or without fraud, force, or threat

Unfortunately, this sounds more difficult than it is. Much of the “proof” comes down to what the victim says. Right from the start, those accused of sexual assault are at a disadvantage. The importance of protecting anyone truly assaulted has taken precedence over the non-guilty facing accusations. Those falsely accused suffer because of that. False accusers make things more difficult for true victims. Society has been forced to adjust its approach to ensure true victims receive protection.

What Should You Do If Accused?

Date rape allegations are serious, but that doesn’t mean your life is over if you are accused.

Contacting a criminal defense attorney experienced in sex crimes means someone will examine the facts of the case and uncover details that could help your defense.

For more information or to schedule a consultation, contact David Lindsey.



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David Lindsey, Attorney at Law

7887 East Belleview Avenue, Suite 1100
Englewood, CO 80111
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Phone: 303-228-2270
Fax: 303-228-2271