West Chester PA Date Rape Lawyer
The possibility of being accused of date rape is more common than you may think and the natural inclination to tell your side of the story may to the police may be the first step in your conviction. If you are facing date rape allegations in West Chester PA, Chester County or throughout Pennsylvania speak to our experience team immediately at (610)6 692-8700.
When non-consensual sex (sex which one party does not want, and does not agree to) occurs, or when a person forces another person to have sex against their will, the offense of rape has occurred. Rape can include sexual intercourse in the vagina, mouth or anus, and can also occur when the victim is impaired due to alcohol or drugs. Women, children and men can be raped, and a rapist can use fear alone to commit the act of rape. Date rape is defined just like rape, except the victim of the rape knows the attacker socially, and may have even dated the attacker on more than one occasion. If you believe that you are being accused of date rape, immediate contact an attorney before you
Date Rape Allegations Particularly Common on College Campuses
Date rape is a serious crime, however in some cases allegations of date rape are not entirely true—or not true at all. Accusations of date rape can have devastating consequences to your reputation, your current and future employment opportunities, your liberty, your education and future. Date rape is a fairly common allegation on college campuses, and, while some of the accusations are true, others are exaggerated or made up in an attempt to retaliate or get revenge against another person. Our legal team has been successful in defending date rape charges allegations before the charges have been filed and also successful in defending date rape charges and gaining a jury acquittal.
Pennsylvania Date Rape is a Second-Degree Felony
The primary question when allegations of date rape are made is whether the sex was consensual. Many times accusations of date rape include heavy alcohol consumptions by one or both parties, or the use of so-called “date rape” drugs like GHB or Rohypnol which can seriously impair the victim. A complete investigation is required into every aspect of the case in order to determine the credibility of both parties as well as whether the evidence supports the allegations. Date rape in the state of Pennsylvania is a serious, second-degree felony, and if accused, you need to take action immediately to protect your future and your rights.
Date Rape Allegations May Have No Supporting Evidence
Charges of rape are emotional and legally complex, and those involving date rape are particularly difficult. Your charges of date rape can be based on the alleged victim’s date rape claims with virtually no supporting evidence, yet if convicted of the crime you could spend up to nine years in prison and have your future completely derailed. If convicted, you could also find yourself having to register as a sex offender, which can restrict where you live, where you are employed and what professional license you can hold. You could also find yourself under the strictures of a curfew and court-mandated counseling. You could also face civil commitment proceedings, under which a convicted sex offender can potentially be committed to a civil commitment facility after you have completed your state prison sentence.
Consensual Sexual Relations Prior to the Time of the Allegation Do Not Negate Date Rape Claims
Many people are under the mistaken belief that if a couple has had consensual sexual relations prior to the time of the accusation, that date rape cannot be claimed. This is absolutely not true. It makes absolutely no difference whether a prior sexual relationship can be established, and, in some cases, it makes no difference whether DNA evidence or other evidence which corroborates the alleged victim’s accusations exists. You can be convicted even when absolutely no evidence exists other than the alleged victim’s words. This is why you must take these charges very seriously, even if you know you did not commit date rape.
Potential Penalties for a Date Rape Conviction in Pennsylvania
Under Pennsylvania Statutes, if you are convicted of the crime of date rape, you could face the following penalties:
· Up to nine years in prison;
· Large fines and fees;
· Community Service;
· Restitution to the victim;
· Probation;
· Parole;
· Driver’s license suspension;
· Sex offender registration, and
· A permanent mark on your criminal record.
Potential Defenses to the Charges of Date Rape
Your exact defense to your charges of date rape will depend on the circumstances surrounding the charges, and while your Pennsylvania criminal defense attorney will craft the best defense for your particular situation, the following are some of the most common date rape defenses:
· Consent—If your attorney can show the other person consented to the sexual contact, your charges could be dropped, or you could be acquitted. This is assuming the alleged victim is not under the legal age of consent or mentally incapable of giving legal consent, in which case consent is not a defense.
· Legitimate misunderstanding—Because you had dated the alleged victim on prior occasions, and had engaged in sexual intercourse, there can be a question as to when consent began and ended, how lack of consent was communicated, and the fact that you made assumptions based on past consent.
· Insufficient evidence to show that a rape occurred.
· The rape actually did not occur—i.e. you are innocent of the charges, and no sexual contact of any kind occurred between you and the alleged victim.
Things to Remember if You are Charged with Date Rape
First and foremost, if you are charged with Date Rape, take your right to remain silent very seriously. If you are arrested, do not speak with the police officer or anyone else until you have had time to speak to your Pennsylvania criminal defense attorney. Under no circumstances should you attempt to contact the alleged victim.
It is understandable that you might want to talk to the person accusing you of date rape, to try and figure out where the allegations are coming from, but it is never a good idea. Don’t share information regarding your case with your friends or family members, and absolutely avoid posting anything at all about your case on social media or anywhere online.
Hiring a knowledgeable Pennsylvania criminal defense attorney is an essential step for a solid legal defense. Your attorney can be the link between you and the rest of the world—if the police want to question you, your attorney can arrange the meeting on your terms, and be present during the questioning.
Contact Our West Chester Date Rape Defense Attorney
If you have been charged with date rape in Pennsylvania, it is crucial you speak to an experienced Pennsylvania criminal defense attorney in order to ensure your rights are protected and your future holds some hope.
The criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault crimes. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.