California takes rape and sexual violence crimes seriously. Unfortunately, the mere accusation of rape can destroy your reputation, even if you’re acquitted. Many people still mistakenly believe that non-consensual sexual intercourse between dating partners, friends, or two people voluntarily spending time together is not considered as serious an offense as the rape of a stranger. However, under California Penal Code 261 PC, so-called “date rape” falls in the same category and carries the same penalties as forcible rape. Date rape includes sex with a person incapable of consenting, such as an unconscious person, an intoxicated person or a person who is disabled. If someone has accused you of date rape, take the following steps right away to protect your rights and your freedom.
Do Not Fall for the “Pretext Call”
Your first instinct may be to contact your accuser to ask why they are bringing such serious charges against you. It may feel tempting to attempt to smooth things over with this individual by sharing your side of the story or admitting that things “got a little out of hand.” Standard police practice when a person is about to be accused of date rape is for the victim (under the watchful eyes and following the instructions of law enforcement) to speak with you over the phone for an explanation, apology or “closure”.
This call is being recorded. The victim will appear friendly and confused and will try to get you to make incriminating statements– such as an apology. Or even an acknowledgment that you had sex with that person at some specified time. Remember– the burden of proving every element of the offense falls on the prosecution. If you even acknowledge that you had sex with the person, that’s one less element the prosecution has to prove beyond a reasonable doubt. When you get the pretext call, don’t take the bait—cease all communications with the accuser and talk to a criminal defense attorney instead.
Exercise Your Right to Remain Silent
Due to the intimate nature of the offense, rape cases usually come down to one person’s story against the other’s. However, even if you believe that the accuser’s account is an exaggeration or downright false, resist the urge to explain your perspective to the arresting officers. Even if law enforcement tries to reassure you that they just want to “clear things up” or “hear your side of the story,” remember that they will use anything you say to build a case against you. Instead, exercise your right to remain silent until you’ve had the chance to speak with your criminal defense lawyer.
Talk to a Skilled Los Angeles County Defense Lawyer Right Away
It’s natural to feel overwhelmed and isolated when facing date rape charges. These charges carry a severe social stigma, and you may find your family, friends, or community keeping their distance. However, you do not have to navigate this challenging time all alone. As soon as you can, contact a trusted Los Angeles County criminal defense lawyer to discuss your situation and receive the answers and support you need to help you face the road ahead.
If you are facing rape charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with an experienced criminal defense lawyer.
