Rape, Sexual Assault, Date Rape & Statutory Rape

Rape, sexual assault or sexual abuse are generally defined as a sexual act against the will of the participant. In most states, a person is considered legally incapable of consenting to sex below a certain age (usually 14-18), making any sexual act with such a person statutory rape. When the assault occurs between two people are together for social purposes, it may be called date rape (although this it not a legal term). Regardless of what it is called, any type of sexual assault is extremely serious, may be charged as a felony and may heavy penalties including sex registration. Because sex crimes are almost never overlooked by prosecutors, if you, a family member or friend are arrested for or accused of engaging in a sexual crime, it is critical that you contact an attorney who will aggressively defend your rights and minimize the impact of the very serious charge on your life. Call Nicholas C. Rowley immediately at (310) 651-1712 or contact us online.

Statutory Rape

This type of crime is purely age-dependent, and is often based on mental age (i.e. a retarded person above the age of consent may still be statutorily raped if his/her mental capacity is sufficiently limited). Quite simply, sex with a person below the statutory age of consent becomes a rape because that person did not have the legal power to consent. Statutory rape is a strict liability crime, which means that the intentions (good or bad) of the accused do not matter. In other words, even if the accused had every reason to believe that the minor was old enough to consent (i.e. fake identification, or if the minor represented herself as being an adult or dressed like one), the accused may still be prosecuted and convicted. Remember, also, that sex includes any type of contact with the sexual organ of the minor. Some leniency or defense may be available if the accused is close in age to the victim or himself very young, but this should never be relied upon as it may vary with the state and the district. Statutory rape charges may be especially serious when the accused is a trust or authority figure, such as a coach, a teacher or a family member. In many cases, the victim and even her parents may have no intention of pressing criminal charges (the victim is often in a continuing relationship with the accused and very much on his side), but the state still has the power (and often the desire) to bring the charges. Marriage between victim and accused may be a defense, depending on the state.

Rape and Sexual Assault

Forcible rape is just one type of sexual assault. The crime actually can include any brand of unwelcome physical touching with another's sexual organ. The sex of the victim does not prevent prosecution (i.e. men can be charged with touching men, etc.) Forcing someone to have sex upon threat of retaliation or upon duress also may constitute sexual assault. Generally, the degree of crime charged and the severity of the sentence are functions of the level of force used, and the amount of harm or injury to the victim. Penalties for sexual assault are very serious, and may include prison time, psychiatric therapy, heavy monetary fines and restitution payments to the victim. Worse yet, lifetime sexual offender registration may be required, permanently damaging the defendant's reputation. Because the identification of the perpetrator is usually the key issue in a stranger-to-stranger forcible rape case, it is important that you contact skilled defense attorneys immediately so that the government's witnesses may be investigated and interviewed, so that a potential alibi can be established and documented, and so that your rights may be protected if you become part of a line-up.

Date Rape

Date rape usually occurs between acquaintances or friends where the victim's consent is given to certain interactions or contacts, but then stops short of sexual contact. It is no defense that the victim was a willing participant in all of the activities leading up to the forced sexual contact. Under certain circumstances, the victim is deemed unable to give her consent even if she does not resist or refuse the contact, such as when date-rape drugs are used to subdue the victim, or when she is underage or mentally retarded. The key to date rape cases is to bring your attorneys into the matter as early as possible, so that the prosecutor's potential witnesses may be interviewed and probed for statements and/or information that would be helpful to establish your defense. The laws governing sexual assault and rape are far too complex to be dealt with in detail here. Do not go it alone. If you have been accused of a sex crime you need to consult with a knowledgeable and aggressive criminal defense attorney right away. Call Nicholas C. Rowley at (310) 651-1712 or contact us online for your free consultation.