Date Rape

Date rape is one of the most ambiguous and emotionally charged crimes an individual can be prosecuted for. Because cases involving date rape often boil down to credibility and a “he said, she said” scenario, cases of date rape are difficult to prosecute and to defend.

About Date Rape Crimes

Date rape is a rape that occurs in the context of an existing relationship as opposed to “stranger rape,” in which the victim usually does not know her assailant. Somewhat complicating matters, that “existing relationship” can be anything from a few hours spent together at a nightclub to a multi-year friendship or engagement; rape charges can even be filed by one spouse against another.

Date Rape Drugs

The most clear-cut cases of date rape involve the use of so-called date rape drugs, like Rohypnol or “roofies,” that can be slipped into an unsuspecting person's drink. An hour or two after the victim ingests the drink, she's rendered groggy, barely conscious, and unable to resist the advances of her companion.

If traces of Rohypnol (or another such drug) are found in the victim's system after the alleged rape, this can be bad news for the defendant. In this case, the best a defense lawyer can do may be to try to prove that the defendant was not the one who slipped the drug in her drink.

If date rape drugs are not involved, though, the law becomes considerably murkier:

  • To what extent does a woman have to be intoxicated, on alcohol or street drugs, to no longer be able to provide her consent to a sexual act?

  • How forcefully, and how often, must a woman say “no” before it is incumbent upon her companion to leave her alone?

  • How long after an alleged date rape occurs must the victim report the act to the authorities?

All of these questions are still being debated, in Michigan and in other states, and no one has yet come to a clear conclusion.

Innocent People Are Sometimes Accused of Date Rape

Many, if not most, allegations of date rape are genuine, even if they don't always result in convictions for the offenders. However, it's not unknown for a person to maliciously fabricate an accusation of date rape, either to extort money from the victim (say, a professional basketball or football player) or because she regrets consenting to a sexual act. In these situations, a perfectly innocent individual may find himself accused of a serious sex crime, and one that the public will often presume he's guilty of.

Aggressive Date Rape Criminal Defense Attorneys

If you are being actively prosecuted for date rape or even if you've just been accused of date rape, and the prosecutor has yet to file a motion you need to hire a lawyer well-versed in defending these difficult cases. The attorneys at Grabel & Associates will fight in your defense to secure evidence that backs up your side of the story, interview any pertinent witnesses, and negotiate with the judge or district attorney for a reduction, or complete dismissal, of this very serious charge.

Michigan Sex Offense Criminal Defense Attorneys

For a free initial consultation to discuss how our Michigan sex crimes defense lawyers can help you, call us toll-free at 1-800-342-7896, or fill out the contact form on this website to Email our law firm.