Being accused of this charge is very serious, and your first order of business should be to contact a criminal defense attorney to handle your case. If you are convicted, you could face fines, jail time, prison time, probation and the lifelong label of "sex offender". You need to defend yourself against this charge, so read on to learn more.

The Term Date Rape

You should realize that the term "date rape" is more of a colloquialism than a actual legal term, and you likely won't find those exact words in any charge or court documents. The charge is really rape, and the circumstances and the situation do not really change the name of the charge. Rape is rape, regardless of how or where or why it happened, and you are facing what may be called sexual assault. The occurrence of sexual assaults have very likely not increased, but the reporting has. Most people (men and women) now understand that being forced into sexual contact against their will is a crime and that they should not be ashamed to come forward and press charges.

What is Meant by Rape?

This term does come with a legal definition, but that definition is evolving all the time. The updated meaning now encompasses any unwanted sexual advances or activity. It is not necessary for there to be an overt sexual act or intercourse for it be considered rape; any type of assault that includes the threat of a sexual act is still rape. For it be rape:

• The victim must refuse to sexual relations, and, if possible, makes those wishes known.
• The victim is unable to give consent due to being under the influence, suffering from a mental or physical disorder or is otherwise unaware.

What is Meant by Consent?

This is where this alleged crime gets tricky. Sexual relations between people are usually practiced in private, and allegations of rape can devolve into a "he said, she said" situation with no third party corroboration. The partner may have regrets about engaging in the act, or may want to cause problems in the alleged perpetrator's life. In many cases, the sympathies lie with the alleged victim in the incident, and this perception can prove challenging to overcome. Additionally, the physically weaker or smaller victim may gain even more sympathy and create additional bias for the accused to overcome.

If you have been accused of sexual assault, you may have an uphill battle in the works, so speak to an assault attorney right away.