date rape

August 29, 2025

Defending Against Charges of Date Rape

When someone is accused of acquaintance rape, or date rape, the charge is exactly the same as for any other rape. The fact that the parties knew one another is beside the point. A guilty verdict could result in prison time and having to register as a sex offender. The reputational damage, along with the emotional toll these charges take on a person, cannot be overstated. These are consequences no one wants to live with. If you are facing such charges, you need a no-nonsense criminal defense attorney fighting for your rights.

First Things First

It is a good idea to hire an attorney the minute you realize there could be a legal issue—even before charges are filed. That way, you will have someone by your side who understands the law and who can guide you when it comes to answering questions, submitting evidence, and more. Additionally, it will be necessary to take some additional steps:

Get off all dating sites. Do not communicate with anyone through such a site, the accuser in particular. The problem with these kinds of “blind” communications is that you cannot ever know if the person inquiring about you is an innocent individual who happened to like your profile, or if it is a friend of your accuser who is trying to get some dirt on you.
Do not discuss the case with anyone. The only person who is protected by the attorney-client privilege is you. Friends and family could be compelled to elaborate on anything you say to them in a courtroom.
Assuming both parties stipulate that there was a sexual encounter, DNA evidence will likely not be a major factor in the case. The issue at hand will be whether the sex was consensual. If the victim had an examination, often referred to as a rape kit, we will carefully examine the results, looking for any physiological evidence that might be consistent with your accuser’s claims.
If there was no physical examination, the case will rely more heavily on witness statements and circumstantial evidence. Typically, there are strong protections for alleged rape victims, and it can be difficult to bring up previous actions or relationships.
We will analyze the circumstances and try to determine if there was a misunderstanding of some kind or if your accuser is overtly lying. We will look for omissions and inconsistencies in the accuser’s story and highlight those issues in our defense.

August 16, 2024

Have You Been Accused of Date Rape?

by David M. Boertje

After a date that led to physical intimacy—intimacy that you thought was consensual– the partner involved has reported a completely different scenario than what you remember, and you’ve been charged with rape. How could this happen, and what does it mean for your future?

California Penal Code

According to California statute, there is no real difference between a date rape—one that occurs between people who know one another and are friends or romantic partners– and the sexual assault that occurs when unknown assailants attack random victims in dark alleyways. Simply knowing someone does not give one the legal permission to engage in sexual intercourse if the other person cannot or does not give their willing consent.

What is Consent?

Consent is the free agreement among parties to engage in sexual activity. It cannot occur in certain situations, including:

When a minor is involved;
When incapacitation due to alcohol consumption or drug use is a factor;
When threats or intimidation are a factor;
When one party is unconscious;
If the power differential between the individuals is seriously lopsided, as in between a teacher and student, for example.

Enthusiastic Consent

When assumptions are made based on what a person is wearing or the ways in which they are flirting, it can lead to serious mistakes. In the latest models relating to relationships, the goal for understanding is enthusiastic consent, which means there’s a clear “yes,” not simply the lack of a “no.” While smiles, eye contact, and body language are all part of the signaling system that may establish moving forward is okay, it’s important to get clear verbal affirmation, as well, particularly when you are with someone you don’t know well. And never forget that a person is legally able to change their mind at any point.

Date Rape Drugs

In some situations, individuals determine that they have been raped based on the fact that there is no memory of a block of time and because they may have indications that they have been engaged in sexual activity. Date rape drugs may have been slipped into food or drinks in order to prevent a victim from resisting. Some of the most common drugs used in this way are Rohypnol (Roofies), Ketamine, and Gamma-Hydroxybutyric Acid (GHB), but there are many others out there. If evidence of these substances, along with other clues, are discovered in a forensic exam, it can go a long way toward a rape conviction. Continue reading

January 27, 2016

Bill Cosby Charged With 2004 Drugging, Sexual Assault Of Woman

by David M. Boertje

In a controversy that took the nation by storm, Bill Cosby was arrested for the drugging and sexual assault of a woman in 2004. Since allegations first surfaced, dozens of women have come forward accusing Cosby of drugging and raping them. This is the first time Cosby has been arrested or charged with sexual misconduct despite the years of allegations mounting against him. Cosby has been charged with aggravated indecent assault, punishable by five to 10 years in prison and a $25,000 fine.

The decision to prosecute came just days before Pennsylvania’s 12-year statute of limitations for bringing charges was set to run out. Prosecutors claim that Cosby assaulted Andrea Constand, a Temple University employee with pills and wine, then penetrating her with his fingers without her consent. Prosecutors reopened the case this summer due to damaging testimony unsealed in Constand’s civil lawsuit against Cosby, as dozens of other women came forward with similar accusations. It is a huge turn of events, as the previous District Attorney in Pennsylvania refused to press charges when Constand first approached law enforcement about her assault in 2005. Cosby claims the encounter was consensual. He was released on $1 million bail.

Cosby also currently faces a slew of defamation and sexual-abuse lawsuits filed in Massachusetts, Los Angeles, and Pennsylvania. In most of those cases, however, it is too late to file criminal charges.

Possession of Rohypnol, the Date Rape Drug

While Mr. Cosby is accused of having used different drugs ranging from Quaaludes in the 1970s to Benadryl, the most common drug used nowadays is Rohypnol, also known as the “date rape” drug. Rohypnol is a trade name for flunitrazepam, a pharmaceutical drug prescribed as a treatment for severe insomnia. It is a potent muscle relaxant and sedative and also blocks a person’s ability to form memory. The USDA has not approved its medical use in the United States.

Under the Federal Controlled Substances Act, 21 U.S.C. § 84, possession of any amount of illegal drug is a crime that carries serious potential prison sentences. However, Prop 47, which was voted into law by ballot initiative back in April 2015, made possession of Rohypnol a misdemeanor instead of a felony. It used to be punishable by up to three years imprisonment. Now, because of Prop 47, a conviction of possession of the date rape drug is punishable by one year imprisonment and up to a $1,000 fine.

It should be noted that these are just the penalties for the possession of the drug. The sentences for any assault associated with or without the date rape drug still remain the same. Continue reading