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What You Should Know About Date Rape

Posted by Christopher Martens | Apr 14, 2015 | 0 Comments

Date rape is a unique account of rape. It occurs between two people who were spending time together but, allegedly, one person did not consent to sex. As with other rape charges under California PC 261, date rape involves sexual intercourse between a person and a non-consenting party. Keep in mind that any penetration at all means the act was rape, as long as one party did not consent. The keystone of a rape charge is that one party did not provide consent. Date rape often happens in scenarios and between people where it might not be too clear if consent was given or not given. If you can prove consent was given, the charge would be dropped. Proving that, however, can be tricky. Consent must be given from the person's own free will and they must be cooperative in the act of intercourse. Maybe you found yourself in a scenario where it simply was not clear whether there was cooperation or free will being exercised. It is always a good idea to consult an experienced attorney if you feel you've been unfairly accused and want to defend your side of the story in court. The punishment for date rape is dictated under California's rape statute, which covers many kinds of rape with varying punishments. Date rape carries with it 3-8 years in prison but there are many factors that can aggravate this sentence, such as bodily injury sustained by the victim, the perpetrator's criminal history and even the type of relationship between the perpetrator and the victim. If you think your case might be complicated by one of these factors, or anything else you feel could influence how the judge sentences you, contact an experienced sex crime defense attorney today.

Are you in the Tulare, Kings or Fresno areas and facing allegations of date rape? Contact experienced criminal defense attorney Christopher Martens and his legal team to discuss your case scenario. Experienced in sex crime defense, the Law Offices of Christopher Martens can expertly walk you through the process of defending yourself in court. Contact our office at 559-967-7386 or email us at [email protected] for a free consultation today.

About the Author

Christopher Martens

Bio Christopher Martens is criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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