Virginia Date Rape Attorney

Date rape generally refers to when a person is administered a drug which either makes them unconscious or takes away their ability to consent and then a sexual act is performed on that person. However this offense can also refer to force, or the threat of force, used to accomplish a sexual act during a date or other social setting.

If accused of date rape, hiring a Virginia date rape lawyer early in the investigation process can be beneficial to preparing a strong defense and ensuring that the individual accused does not say anything that can end up hurting them later on. Therefore if you have been charged with date rape, consult with a rape attorney today to discuss your case and begin building a defense.

Date Rape Allegations

The difference of date rape allegation from other rape cases is that there is often an allegation that a person has been rendered unconscious or so intoxicated that they were unable to give consent either by drugs, alcohol, or some other thing that they ingested. It is often difficult to find credible evidence that this has happened unless a person has a blood test done immediately after the accusation is made.

If the accusation is not made until days or weeks later, there may not be any evidence remaining other than the person’s testimony which is often itself not credible because they have acknowledged that they were intoxicated or impaired.

Penalties

Penalties for date rape are not generally different than rape. Whether a person is coerced into a sexual act by force, by the threat of force, or whether that is accomplished to them because their free will has been taken away by drugs or other intoxicants,  it will be treated as a rape in Virginia. Penalties for rape are from 5 years in prison all the way to life in prison which means contact with a date rape lawyer in Virginia is imperative.

Role of an Attorney

People sometimes avoid hiring lawyers in a date rape case because they believe that hiring a Virginia date rape lawyer will make them look guilty. They further believe that if they cooperate with the police it makes it less likely that they will be charged or will receive more lenient treatment if they are charged.

This is a mistake and never works out that way. Cooperating with the police and answering their questions, in almost every case, leads to more evidence given to the police and often leads to more serious charges as well as greater difficulty in raising defenses at trial.  

A person should hire a date rape attorney while they are being investigated rather than waiting until they are charged because it is often true that by the time the person has been charged there are opportunities to avoid charges or to avoid incriminating evidence being created which have been missed.  

A Virginia date rape lawyer can often help avoid incriminating evidence being created in the form of interviews and statements and can also assist a person in taking proactive steps to ensure that they have the best defense possible.