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Date
rape is a big issue that is going on in our current society. Many people have
gone out on dates and found out that the activities that went on during that
night were not as consensual as they may have thought at the time. Even when
the victim says yes, if they had a little too much to drink that night or felt
too pressured, they may be able to come up with charges of date rape, criminal
charges that could haunt you for the rest of your life. Rather than being a
victim of date rape, make sure to understand what these laws are all about and
find the right criminal defense lawyer who is able take on your case and help
you to avoid the harsh penalties of date rape and all that it entails.
Criminal or Civil Suites
It
is possible that the victim is able to bring about either a criminal or a civil
suit. If you are given a criminal suit, you will have to deal with issues of
jail, fines, and a criminal record. But some victims would rather go with a
civil suit. This is when they are going to look for monetary reparation in
order to get revenge on the other person. The plaintiff will need to prove that
their defendant violated the law and that this crime occurred beyond any
reasonable doubt. This could cost you a lot of money in the long run and could
cause some other reputation issues.
Defenses
There
are several defenses that you can go with when it comes to date rape. First,
you will want to work on consent. If you are able to prove that the other
person consented to the activity, or that you had a reasonable assumption that
they were consenting without the other person being heavily intoxicated, you
will not be charged with date rape. Keep in mind that if the victim is mentally
incapable of giving their consent or they are not of legal age, it does not matter
whether or not they gave consent in the first place.
Another
defense could be the underlying relationship between the perpetrator and the
victim. Understanding when the consent began and then ended, how the lack of
their consent was spoken out, and legitimate misunderstandings will help to
determine if there is a case of date rape in the first place.
Penalties
There
are a variety of penalties that can come against you in these cases. If you are
put into a civil suit, you are most likely to have to pay some high penalties
and reparation when it comes to losing in the case. A good criminal defense lawyer is able to help you come up with the defense that you need in order to
avoid these charges and to keep your fees down to a minimum. On the other hand,
if you are faced with criminal issues, there are more penalties that you are
able to face. You may have to pay fines, court costs, spend time in jail, be on
probation, and your name will be added to the sex offenders list. These can be
lasting impacts that will ruin the way that you are able to live your life.
It
is always best to have someone on your side in one of these cases. They can
quickly get ugly as the courts are not going to look in your favor. Rather than
risking the bad effects that can come from handling this case on your own, hire
a qualified criminal defense lawyer and get the best results possible.
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