California Penal Code Section 261 addresses nonconsensual sexual intercourse between individuals who are dating or have a social relationship, commonly referred to as “date rape.” This law is crucial to protecting individuals from sexual assault in situations where consent cannot be legally given due to intoxication, unconsciousness, or other incapacitating factors.

 If you or someone you know has been accused of date rape, you need a strong defense or risk suffering from severe consequences for the rest of your life. Contact Sigal Law Group today for a free consultation.

What is Date Rape?

Date rape in California is defined as nonconsensual sexual intercourse where the victim is incapable of giving legal consent. Individuals cannot give legal consent when they are:

·      Under the influence of drugs or alcohol.

·      Asleep or unconscious.

·      Incapacitated, injured, or harmed in some other way.

When a defendant is convicted of date rape, they can be sentenced from three to eight years in prison. The length of their sentence will depend on the specifics of the case and any aggravating factors, such as the use of a weapon or causing the victim significant injuries. Furthermore, individuals who are convicted must also register as sex offenders, which imposes long-term social and professional consequences.

As such, date rape charges must be taken seriously and defended to the fullest extent possible. Potential defenses include:

·      Showing that the sexual activity was consensual.

·      Presenting evidence that shows the defendant was unaware of the victim's inability to consent.

·      Claiming a reasonable belief that the victim was capable of consenting at the time of the sexual activity.

·      Proving the defendant is being falsely accused.

Defend Against Date Rape Charges

While California's date rape laws are designed to protect individuals from sexual assault, the facts of the case are typically extremely nuanced. Thus, experienced legal representation is necessary. The skilled criminal defense attorneys at Sigal Law Group will review your case, explore potential defenses, challenge the prosecution's evidence, and work toward the best possible outcome. Contact Sigal Law Group today for a free consultation.