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Date Rape Laws

What is date rape?

Date rape is a very serious crime and usually taken as seriously as a rape by a stranger. Date rape is defined as an unwanted sexual act against the opposite sex by someone that person is familiar with. The relationship with this person can range from meeting for the first time to being married to the person and knowing them on a very intimate level. Date rape is also considered to be the most common type of rape. Read below to find more Expert answers pertaining to date rape laws, date rape charges and date rape help.

If a person was accused falsely of date rape, and that person’s reputation was ruined, can this person file a defamation of character lawsuit?

The person would have to take into consideration that the crime that they were accused of was indeed a crime of moral turpitude, which is said to be a shameless crime involving wicked acts of injustice and if wrongly accused could tarnish their reputation. In many cases a defamation of character lawsuit would be in order since the court would see the crime to be defamatory. The person would want to make sure that filing a defamation of character lawsuit would be worth the time and trouble, and they would want to find an attorney that would think the same.

What are some issues with date rape prosecution?

There unfortunately are issues when it comes to a prosecution of someone who is supposedly guilty of date rape. The first issue that can be very hard to overcome in certain situations is proving that the person being accused knew, beyond all possible doubt, that the sex was not consensual. Considering that sexual relationships can and usually do occur even if the two people have known each other for a relatively short amount of time, it is rather difficult to prove that sex was not wanted. The victim would have had to make themselves very clear when rejecting the person trying to have sexual relations, because there signs both verbally and physically that could be taken as an invitation to sex, even if the victim does not mean it to be. Another issue would be that there is not usually other evidence other than the two stories of the accused and the victim. If this is the case, it is quite hard to discover which side of the story is the correct one.

If someone is charged with date rape, found not guilty, and then files a defamation of character lawsuit against the accuser, what can the original accuser do to protect themselves?

The only thing one can really do to defend themselves in this situation would be to state that they were not defaming the person’s character; they were just trying to protect themselves and their rights as a human being. In this type of civil suit, there is not usually much one has to worry about. Just because the person was found not guilty of date rape, it does not mean that they will automatically win the civil suit they have filed against the original accuser.

If one has been the victim of date rape, what are some things that person can do other than press charges?

The first thing once should do when they have been the victim of date rape is to go to the police and file a police report so they can start an investigation on the situation. A police investigation will prove useful for any type of missing pieces of the person’s story and what exactly happened the night the crime took place. It may also help find the person that committed the crime. If the victim can remember the person who put the drug in their drink, they may be able to press criminal charges or hold that person responsible for any type of damage that may have happened to them in a civil lawsuit. Depending on her evidence and the defense of the accused, the person may succeed in winning the case she decided to charge the person with.

Date rape is a serious crime with very serious consequences. The only issue with finding justice for the victims of a date rape crime is the fact that it can be very difficult to prove that it was in fact date rape. Many people seek to find some sort of justice when they have been the victim of this crime, while others choose to just forget about the whole ordeal so they do not have to go through any other situations that may physically or emotionally damage them more than they already have been. When one is accused of date rape, it can be a hard task to clear that person’s name and reputation. Many questions have been asked about date rape, and many answers have been given. Remember, when questions arise, ask the Experts for answers.
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