The term “date rape” can be somewhat nebulous. Generally, it refers to a rape that is carried out under the initial pretense of a date between two people. Rape, of course, is an incredibly serious crime with severe criminal penalties attached to a conviction. If you are convicted of date rape, you will be a felon, likely for life, and have some of your rights permanently taken away. For example, you will not be able to own firearms. Additionally, friends, family, acquaintances, and future employers may think of you differently if you are convicted of rape.
With so much at stake, it is important to have effective legal counsel in your corner to fight against date rape allegations. You can defend against these allegations by building a strong case with compelling evidence indicating your innocence.
For a free analysis of your case, call Overson Law at (801) 758-2287 to speak with our Salt Lake City, UT rape defense lawyers.
What is “Date Rape?”
The term “date rape” is not one that exists under the law. The stereotypical depiction of date rape is someone dropping a sedative or other drug into someone’s drink, and then the unsuspecting victim ingests the drug, passes out, and is raped by the perpetrator. While not a set-in-stone demarcation of what constitutes “date rape,” a common definition classifies the act as forced or coerced sexual intercourse under the pretense of a date or other get-together.
While this is a decent enough definition, it unfortunately fails to cover all conduct that could be considered date rape. For example, this definition only categorizes sexual intercourse as being date rape. The reality is that many other sex acts up to and including intercourse will be considered date rape under many circumstances, but our Park City, UT rape defense lawyers can help with charges for all of these potential offenses.
Rape Under Utah Law
The most on-point crime for date rape in Utah would be the rape statute. Rape is criminalized in Utah under Utah Code § 76-5-402. Rape in Utah is simply defined as sexual intercourse without a party to the action’s consent or sexual penetration without a party’s consent. Additionally, the marital status of the people involved in the rape does not matter. It is still rape if committed against a spouse.
Rape is one of the most serious crimes in Utah. It is a first-degree felony, which carries with it the possibility of life in prison. The minimum penalty for rape in Utah is five years in prison. The minimum penalty increases when other factors are involved. If the perpetrator caused serious bodily injury to the victim, the minimum sentence becomes 15 years. This is also the case if the perpetrator is less than 18 years old and has previously been convicted of a “grievous sexual offense.” A grievous sexual offense is defined under Utah law as various forms of rape aggravated sexual assault, and other serious sex-related crimes. If the perpetrator is 18 or older and has been previously convicted of a “grievous sexual offense,” the only possible sentence is life without parole.
Defenses Against Date Rape Allegations in Utah
There are several frequently used defensive arguments in Utah date rape cases. Some of these arguments can be used to refute a large number of sex crimes you could be charged with in Utah, while others are more likely to come into play in a date rape context than in trials for other crimes.
Consent
Rape requires that one of the parties does not consent to sexual activity. Therefore, it is a defense to a rape accusation if you can prove that there was consent during this particular sexual encounter. For example, if you have correspondence detailing a history of consensual sex between you and the victim, that can be used to help establish that there was likely consent in this instance as well. Better still would be evidence indicating that the victim specifically consented to the sexual encounter that is material to the case.
Rape Kits
Rape kits are medically administered kits that are designed to preserve biological marks left behind after a rape has occurred. This generally will include DNA samples from semen, pubic hair, or other fluids that linger on or inside the victim’s body after a rape. If you can prove that the sample from the rape kit does not match you, it will strengthen your case against a date rape claim.
Alibi
Another possible defense is an alibi claiming that you were not anywhere near the victim when the alleged rape occurred. For example, if the victim claims that you raped them in an alley at the same time that you were on a plane, then evidence of the flight – such as plane tickets – can help to strengthen your claim that you did not rape the victim.
Drugs and Substances
A common form of date rape is the perpetrator drugging their victim so that they cannot resist before engaging in sexual intercourse or other sex acts. In addition to heavy alcohol consumption, a handful of drugs and substances are known to be used frequently for date rape purposes. These drugs include ketamine and other drugs which induce drowsiness, passing out, and forming memories.
It can help your defense if you have never been found to be in possession of these drugs. Additionally, if the victim or prosecution claims that a specific drug was used to rape them, they can be tested to see if that drug is in their system, as that is a material fact to the case. If you can show through evidence that the alleged date rape drug was not in the victim’s system, it can help to strengthen your defense against a date rape claim.
Talk to Our Utah Criminal Defense Lawyers Today
Overson Law has Ogden, UT rape defense lawyers ready to give free and confidential case analyses when you call us at (801) 758-2287.
