Allegations of sexual assault are sometimes difficult to prosecute because victims often do not know the identity of their attacker. It may take a long time to investigate the crime and come up with possible suspects. Date rape, however, is different because the victim already knows their attacker. The term “date rape” comes from the fact that many sexual assaults occur while the victim is on a date with the defendant.
There is no specific or unique criminal charge for date rape. Instead, defendants may be charged with some form of sexual assault or aggravated sexual assault. Depending on how the assault happened, there could be additional charges. It is fairly common for victims to allege that their attackers drugged them before assaulting them, which could lead to additional drug charges.
If you have been accused of date rape, please speak with our Atlantic City sexual assault defense lawyers before doing anything else. Defendants sometimes disregard these accusations as he-said-she-said disputes. However, date rape is an incredibly serious criminal accusation. Our team at the Law Offices of John J. Zarych can discuss your case in a free legal consultation. Call our offices today at (609) 616-4956.
Date Rape vs. Sexual Assault in New Jersey
Date rape is charged as either sexual assault or aggravated sexual assault in New Jersey, depending on the circumstances. There is no separate crime called “date rape.” However, what makes date rape unique is the relationship between the victim and defendant. How date rape happens is often unique as well. In ordinary cases of sexual assault, the victim may or may not know the defendant. In cases of date rape, not only do the parties know each other, but they are often romantically linked.
Many instances of date rape occur when the victim and defendant are on a first date together, hence the term “date rape.” This may be the only time the parties encounter each other, or it could occur after they’ve known each other for a while. Speak to our Cape May sexual assault defense lawyers if a former date or romantic partner has accused you of date rape.
Date rape is also different from other sexual assault cases because defendants are often alleged to have used drugs or controlled substances in the commission of the crime. Typically, the defendant is accused of secretly slipping the drugs into the victim’s food or drink, causing the victim to lose consciousness or more easily allow the assault. Alternatively, the defendant might be accused of plying the victim with drinks to a point that they were too drunk to consent.
Penalties for Date Rape in New Jersey
The charges and penalties for sexual assault and date rape may vary based on the nature of the assault and the victim’s age. Generally, you could be charged with sexual assault or a more serious version of the same offense, aggravated sexual assault. Under N.J.S.A. § 2C:14-2, sexual assault is a second-degree crime, and aggravated sexual assault is a first-degree crime. Our New Jersey sexual assault defense lawyers have experience with sexual assault cases and can help you fight your charges.
For second-degree sexual assault charges, a convicted defendant faces a possible prison term of at least 5 years but no more than 10 years. More serious first-degree aggravated sexual assault charges may be punished with enhanced sentencing beyond the standard terms for first-degree crimes. For aggravated sexual assault, you could potentially be sentenced to at least 25 years in prison or as long as life. The defendant would also not become eligible for parole for at least 25 years.
There might be additional penalties and charges if you used illegal substances to commit the crime. Gamma hydroxybutyrate, commonly called a “date rape drug,” is common in date rape cases. New Jersey penalizes the use of this substance under N.J.S.A. § 2C:35-5.2, making it a crime of the second degree punishable by at least 5 years in prison but no more than 10 years. You could also be fined up to $150,000.
Another common “date rape drug” is flunitrazepam (brand name Rohypnol), a strong sedative that may cause people to pass out. Under N.J.S.A. § 2C:35-5.3, for quantities over 1 gram, you could be charged with a first-degree crime, sentenced to up to 20 years in prison, and fined up to $250,000.
Ketamine is also sometimes used as a date rape drug, and its possession is also illegal.
Defending Against Date Rape Charges in New Jersey
There may be several defenses to date rape charges, depending on your circumstances. A critical element to almost any sexual assault case is the lack of consent from the victim. If you can demonstrate you obtained the victim’s consent, and the victim did not revoke their consent at any time, you might be able to fight your charges.
We can try to prove you had consent by examining any conversations you had with the victim. Conversations over text, email, or social media messages can be helpful to show consent. Our Atlantic City criminal defense attorneys will seek to track down important evidence and use it to bolster your defense.
We can also talk to people who know you and the victim. It is possible that the victim told their friends about their sexual encounter with you. Evidence that they described the encounter as mutually consensual after the fact could contradict their current assault claims. Alternatively, the victim’s friends or other people in their social circle might know of a reason why the victim would make a false date rape accusation. These defenses are typically harder to use in cases involving violence or drugs.
Call Our New Jersey Date Rape Defense Attorneys
If you have been wrongfully accused of date rape, you might feel frightened, overwhelmed, and helpless. Our Ocean City crimnal defense lawyers know how to handle your case and provide the best defense possible. Our team at the Law Offices of John J. Zarych is available for free legal consultations. Call us at (609) 616-4956.
