Overview of Date Rape in New Jersey
Reports of date rape continue to make the news with stories of college students raped by a co-student or an employee raped by a co-worker. Date rape cases can be complicated because of the prior nature of the relationship, making it difficult to determine a lack of consent. Understanding what date rape is and what the potential consequences are can help you identify what is and what is not considered date rape.
What is Date Rape?
Date rape is defined as an act of rape in which the victim and the defendant knew each other before the crime. The relationship of the individual and the defendant does not lessen the charges, but instead, is used to describe a form of rape.
Myths About Date Rape
There are a lot of myths regarding date rape. A few of the most common include:
- The defendant and the victim always have a previous sexual history. Date rape can occur between any relationship, prior sexual activity is not a requirement.
- Drugs and alcohol are involved. Drugs and alcohol are not always involved in a date rape case. However, the use of substances like GHB or Rohypnol is sometimes used to impair the victim’s judgment or ability to respond
- Previous consent implies ongoing consent. In the event of former boyfriends, girlfriends, wives, or husbands, previous consent to sexual activity does not permit ongoing consent.
- The defendant is always a male. Date rape can be present in any dynamic, especially one where drugs or alcohol are involved.
- Force must be present. Date rape is not always an act of violence. Substances that impair the individual’s judgment or consciousness do not often result in a violent action, but can still be considered rape.
It is important to know what the myths are regarding date rape. Knowing the facts can help you determine what is considered date rape.
Potential Consequences of Date Rape
The potential consequences present for a date rape charge will vary, depending on the state in which you are being charged. In New Jersey, consequences may include:
- Mandatory reporting: The victim may be required to report their location on the sex offender’s list.
- Lack of employment opportunities: Employment with federal agencies, schools, nursing homes, or hospitals may be prohibited.
- Jail time: Mandatory jail time may be required.
- Termination of parental rights: Depending on the details of the case, the defendant could lose parental rights.
Date rape is a serious crime with serious consequences. Whether you are the victim or you feel that you were wrongly charged, it is important to take action.
The Importance of Consent
Consent is always the main topic when debating date rape. The defendant might attempt to prove that the sexual activity was consensual, especially when dealing with a date rape case. It is often the burden of the victim to prove that their consent was not present. If the victim was given drugs unwillingly, are underage, or are not mentally capable to give consent, then the accused may be charged with date rape.
Contact an Experienced Winslow Criminal Defense Lawyer About Your Date Rape Charges in New Jersey
Were you arrested or charged with date rape in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Garber Law, P.C. Offices have successfully represented clients charged with sex crimes in Camden, Cherry Hill, Gloucester, Winslow, and throughout New Jersey. Call 856-804-1639 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at The Greens of Laurel Oak, 1200 Laurel Oak Road, Suite 104, Voorhees, NJ, 08043, as well as an office located in Philadelphia, Pennsylvania.