Many people, including offenders themselves, assume that date rape is not as serious as other types of rape. They think that date rape, which generally happens between people who know each other, can be justified because it often happens on a date, between two friends, between couples, and between exes. But no still means no, even if it’s said after a drink or after flirting.
But what constitutes a date rape, what are the consequences, and why should the accused hire criminal defense attorneys?
The Legal Definition
Date rape is a colloquial term used to refer to sexual assault by an individual involved in a potentially romantic relationship with the victim. This charge is a Class 1 Felony and applies to anyone who commits sexual penetration regardless of the lack of force.
The charge also applies to sexual intercourse when the accused knew the victim would be unable to give consent (i.e. when the person is intoxicated or passed out).
The Legal Consequences
Date rape is a serious crime under Illinois law, and it can result in hefty fines and 4 to 14 years in prison. Apart from substantial jail time, other severe consequences include registration with the Illinois Sex Offender Database, thus, giving you a permanent felony record.
The charge may also escalate to aggravated criminal sexual assault, such as the accused using any type of weapon or inflicting any bodily harm to the victim. Apart from fines and a permanent record, this may result in 6 to 30 years in prison.
Hiring a Good Legal Defense Lawyer
As an accused, remember that you are still innocent until proven guilty. To defend yourself, hire a criminal defense attorney to prove your innocence. Your lawyer may use witness accounts, blood and alcohol tests, and the like to give you a strong defense.
Remember, date rape is still rape, and being accused of it is something very serious. The offense comes with consequences that could follow you forever. So if you’re at the receiving end of a date rape charge, call on a criminal defense lawyer to know your rights and legal options.