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Guru_Guy
Guru_Guy, Lawyer (JD)
Category: Legal
Satisfied Customers: 2418
Experience:  My specialties include Civil Rights and Constitutional law, as well as general practice issues.
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What are the special problems of date rape prosecutions

Customer Question

What are the special problems of date rape prosecutions? How are are victims viewed by perpetrators of date rape? How does society view date rape ( do they blame the victim based on the percieved precipitation , faciliation , or provocation of the victim)?
Submitted: 9 years ago.
Category: Legal
Expert:  Guru_Guy replied 9 years ago.
The major problem with "date rape" prosecutions is proving beyond all reasonable doubt that the accused knew that the sex was not consensual. Given that sexual relationships are quite common among many people even if they have known each other a short time, proving that sex occurred does not necessarily prove that a rape occurred.

This proof is usually not much of an issue when someone breaks into an apartment and assaults another person. But when two people know each other and are dating, consensual sex is not an unreasonable possibility.

In some cases, precipitation, facilitation, and provocation are an issue. For example, if a girl invites a boy to her bedroom at night, that might be seen as an invitation to sex, even if the girl did not intend it as such. If the girl says provocative things or acts in sexually provocative manner, that can also be seen as an invitation to sex.

If a sexual advance is attempted and the girl refuses saying something like "no, stop, I don't want to do this" that is usually sufficient to justify a rape charge if the other person continues. But if the victim says something more vague like "we really shouldn't be doing this" the question of consent is much more up in the air.

Further complications are that often the story of the alleged victim and the accused are quite different. If all the fact finder has is the two different stories, it is very difficult to prove a crime beyond all reasonable doubt.

I hope this helps!


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