San Francisco Date Rape Attorney | Date Rape Defense Lawyer
If you are being accused of date rape, Okabe & Haushalter’s attorneys can provide aggressive defense against sex crime. Our team of skilled San Francisco date rape lawyer can fight to see that you are not wrongfully convicted.
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Sex Crime Lawyer in San Francisco

If you are being accused of date rape, there is a help. Okabe & Haushalter’s criminal attorneys can provide aggressive defense against sex crime allegations such as this. Date rape is actually one of the more commonly alleged sex offenses. It occurs when an individual, whether known or unknown to the victim, drugs or intoxicates the victim for the purpose of having sex with them. Date rape commonly occurs in places like clubs, bars, restaurants, and other public places.

A large number of supposed sexual assault victims believe that they were date raped, as opposed to another explanation. In fact, 20% of all assault victims believe they were drugged or intoxicated on purpose by someone who intended to rape them. Knowing this, it is easier to understand how common false allegations might be. Our firm is highly experienced in dealing with these types of offenses. To learn the possible defenses that might be available, call today.

Drug-Facilitated Sexual Assault (DFSA)

When accomplished by drugs, date rape is referred to as drug-facilitated sexual assault (DFSA) or predator rape. In a statistical analysis of date rape victims, the victims were asked what drugs or beverages may have been in their system at the time the rape occurred. Out of the victims surveyed, the most common drugs that the victims were not aware of were marijuana, cocaine, and amphetamines. This, however, does not necessarily mean marijuana, cocaine, and amphetamines were intentionally used by predators for the purpose of assaulting their victim.

Individuals might believe they were the victim of date rape based on:

  • Waking up in an unfamiliar place;
  • The presence of bodily fluids; and/or
  • Disheveled clothing and bruises.

While this eevidence could indicate a sexual assault, they could potentially indicate consensual sex as well. This evidence alone is not enough to prove that drug-facilitated sexual assault occurred. There must be proof that a sexual encounter occurred, but there must also be proof that the victim did not give their consent and they were drugged or intoxicated against their will.

In 1996, President Bill Clinton signed into law the Drug-Induced Rape Prevention and Punishment Act which outlawed the use of Rohypnol or “roofies” making it a Schedule I drug on the Uniform Controlled Substances Act. Four years later, GHB was also banned and made a Schedule I drug. Both Rohypnol and GHB are commonly used for the purpose of DFSA. If either of these drugs were found in a victim’s bloodstream, this could serve as strong evidence of date rape.

Possible Defenses Against Date Rape Allegations

One potential defense against date rape allegations is that the victim actually gave their consent. With consent, the act is no longer seen as rape in many cases. Unfortunately, sometimes even when consent is proven the date rape charges could still stand. Another possible defense is that the victim voluntarily and willingly took the drugs or became intoxicated. To learn more about the possible defenses in date rape cases, please call our firm directly and speak with an attorney. Our team of skilled San Francisco sex crime lawyers can fight to see that you are not wrongfully convicted. The penalties are severe, and can dramatically impact the course of your life.

To learn how our firm might be able to assist, call today.