Greenwich Date Rape Lawyer 

Agreeing to go on a date does not mean that an individual is consenting to sex as well. Date rape refers to when an individual forcibly has non-consensual sex with their date. Date rape is typically charged as either sexual assault in the second-degree or in sexual assault in the first degree. It will be sexual assault in the first degree if the other person becomes so incapacitated that they are unable to consent or because they are physically helpless and that is often the case in a date rape charge because the person is unaware of actually what they are doing. If you have been charged with date rape, retain a Greenwich date rape lawyer. A qualified sex crimes lawyer can devote the time and resources necessary to build your defense.

Specific Elements That Differ From Other Rape Cases

When dealing with date rape allegations, the state has to prove that the alleged victim was either impaired by drugs or so incapacitated by a substance they ingested, that they were unable to consent. It is also a little bit different from the typical rape case because the complaining party often cannot remember what happened because of the fact that may have been given something that rendered them incapacitated. A lot of times there is the lack of memory and the testimony usually has a lot of holes in it that nobody is able to fill. That is where a Greenwich date rape lawyer could often try to bring in other evidence and show that the truth contradicts what the person is saying.

Securing Credible Sources of Evidence

Memory gaps become a huge issue because of a lot of times, date rape cases could happen when it is a group of people who maybe go to a bar together. That means that there are often a lot of witnesses, but many of them might have been intoxicated or under the influence of drugs or alcohol, and end up having a lot of fuzzy memories. It is actually oftentimes hard to pin down an exact timeline of what may have or may not have happened.

Penalties

Date rape is a felony charge in Connecticut and typically, the person can face up to 10 years in jail plus a fine, and a period of sex offender probation and possible registration as a sex offender in the database. It is definitely one of the more severe charges. It is a high-level felony charge so it is considered more serious than sexual assault in the fourth-degree and sometimes it can be charged as a sexual assault in the first degree, depending on the specific circumstances.

Necessity of an Attorney

A lot of people try to avoid the cost of retaining an attorney and they might not think the date rape allegations are as serious as they are. They might want to try to go in themselves and see if they can handle it themselves but, an experienced Greenwich date rape lawyer will let you know that is a mistake, that a person wants an attorney with them from the start of the case. Furthermore, if you are asked to give a statement, then there is at least potential that you will not get charged especially if that goes well. Especially if the lawyer is able to show evidence that either law enforcement had the wrong person, or that the act was consensual, and no one was incapacitated.