Home Practice Areas Sex Crimes Date Rape

Date Rape

The law of rape in America has changed drastically over the years. Rape is defined as sexual intercourse without consent. In the past, legal traditions restricted rape prosecutions and were lenient on perpetrators. For example, when a woman claimed to have been raped the prosecutor used to have to come up with some sort of evidence to back up her claim (i.e. "corroboration"). In other words, the People had to prove with extrinsic evidence that the sex was not against the will of the victim. In the 1970s, though, the tide turned and New York finally abolished the corroboration requirement in rape cases.

One consequence of the reform of the rape laws is it became much easier to accuse and prosecute for "date rape" — non-consensual sexual relations against people with a prior relationship. Although district attorneys should carefully evaluate every claim of rape, as a practical matter charges are often brought even in cases where the defendant thought that the "victim" wanted to have sex. In these cases (unlike statutory rape), you can only be convicted if the district attorney can prove that you intended to commit a crime.

Cases of he-said, she-said date rape are complicated. Special evidence rules apply. Even if the alleged victim is reluctant to go forward, the life of the defendant can be ruined just by having to answer the charges. Increasingly, allegations of rape on campus are being investigated by ill-trained college authorities. If you have been accused of date rape, you need a competent criminal lawyer immediately.