In Virginia, date rape generally refers to the conduct where a person initially consents to some limited amount of physical interaction with physical contact, but then the alleged contact goes over the line and passes the point of consent.
Typically, in these cases, there is a little bit of a gray area in one person’s mind and not much gray area in the other’s. In this situation, the law then has to try to figure out what exactly happened, and to prosecute the offender if there is truly a crime that occurred. For those accused, this means a Virginia date rape lawyer is imperative as there are defenses available based on the circumstances. An experienced rape lawyer in Virginia can help to ensure those accused have a strong defense and know what to expect throughout the legal process.
The issue of whether the victim consented and what conduct was, or was not, consented to, is often the epicenter of a date rape case. Also, because date rape often involves drugs, alcohol, or fatigue, the ability to have a clear recollection of facts is often an issue in date rape cases. There are usually two different versions of the same story, which means there is certainly a credibility issue in regards to preserving evidence.
With that said, regarding penalties, date rape is still considered a form of rape and the penalties are therefore very serious, warranting attention from a Virginia date rape lawyer.
Date rape has gained momentum as a term in society. Studies have been done, especially among young people on college campuses, that indicate date rape happens much more often than it is reported, and much more often than many people originally thought. As a result, there is definitely an interest in prosecuting those persons who are in violation of the statute, and ensuring it does not happen again in the future.
In this type of case in particular, it is helpful to preserve evidence that is vital to the case without exposing or creating additional evidence. An attorney can come in to make sure that an individual is not making inappropriate or unwarranted statements to other parties, and that the individual is protected from exposing things that can later be used against them. It is also important to gather information as soon as possible on a date rape investigation, which an attorney can help with as well.
Although someone may think they do not need a lawyer in a date rape case, there are many reasons why they would want to have a Virginia date rape lawyer to help them in their defense.
One of the most common reasons why individuals may not think they need an attorney is that they may feel they have no liability and that their side of story will come through without the help of an attorney. However, that is not always the circumstance, so it is important that a person has an experienced Virginia date rape attorney who can help them in their case and make sure that their side of story is told in a way that does not expose them to criminal penalties.
Northern Virginia Criminal Defense Group
