The ambiguity, confusion and “he said/she said” considerations that typically surround a charge of date rape often make allegations of this type particularly difficult from both the prosecutor and defendant’s perspectives.
Accusations related to forced or sexual activity without consent that occurs as part of an otherwise truly voluntary interaction have the potential to destroy the lives of those involved.
There can be no doubt whatsoever that date rape cases require an unyielding legal defense strategy. If you are facing claims of unlawful coercion or force or a lack of necessary consent in the context of a sexual encounter of this nature, a Grand Rapids date rape lawyer can serve as your staunchest ally. Contact an experienced sex crimes attorney right away to begin your defense.
Date Rape DefinedIn essence, the offense colloquially known as date rape is encompassed by Michigan’s overarching prohibition against sexual acts undertaken against the will of the other party, as outlined in detail by MCL 750.520, et seq. The distinctive feature of this crime is that it is committed against someone already known by the perpetrator, such as in the context of a social engagement or similar scenario.
Threats of force or violence may sometimes be involved, but they are not necessary for a charge to be brought. In fact, many incidents in this realm are marked by a victim being incapacitated by alcohol or drugs to the extent that they cannot legally provide consent to sexual activity.
Matters of ConsentThe lion’s share of date rape cases turn definitively on the issue of consent. Defendants in matters of this nature rightly worry about the fact that their fate can be determined almost entirely by the credibility and testimony of the alleged victim.
A conviction can be obtained in Michigan even without corroboration of the complainant’s testimony about the relevant scenario.
Guilt, embarrassment, or cloudy memories can and do cause many to lodge serious accusations that are able to destroy a defendant’s future. Because perceptions of what happened during the events in question are so subjective, the accused individual may be taken entirely by surprise by any suggestion that the requisite consent was absent.
Penalties Following a Date Rape ConvictionDepending on the circumstances surrounding a given case, the potential sanctions following a date rape conviction in Grand Rapids can be extremely profound. Criminal Sexual Conduct (CSC) charges can yield anywhere from short-term incarceration to life imprisonment, long-term probationary supervision, costly fines and mandatory sex offender registration, which brings its own set of burdens in and of itself.
Defense TechniquesIt is not uncommon for those accused of date rape to feel overwhelmed and doubtful about their chances of defeating the charges against them. However, it is vital for all defendants to remember that viable defense techniques may indeed exist.
Whether by conducting an aggressive cross-examination of the alleged victim, utilizing expert testimony to undermine the prosecution’s evidence or by examining communications between the parties to shed light on issues of consent, a seasoned Grand Rapids date rape attorney will work tirelessly to achieve a favorable outcome for each and every client.
Consulting a Grand Rapids Date Rape AttorneyBeing convicted of date rape in Michigan is something from which it is staggeringly difficult, if not totally impossible to overcome. Job loss, social stigma and the restrictions on liberty that stem from registration as a sex offender are just a few of the ramifications which must be fought at all costs.
If you are facing allegations of this type, a Grand Rapids date rape lawyer stands prepared to fight for your future.