Columbia Columbia Date Rape Lawyer

As defined by South Carolina Code of Laws, date rape occurs when someone alters a drink or provides some medication to alter the mood of the person, which results in the alleged victim in a case not being able to consent to sexual activity. If the defendant, uses any mood-altering substances, whether it is the alcohol, prescription medication, or illegal drugs, with the intent to have sexual intercourse with a person when that person is under the influence of that mood-altering substance, it is considered date rape.

If you have been charged with a sexual offense, a Columbia date rape lawyer could help you build a defense. A knowledgeable sex crimes attorney could review the evidence and speak to witnesses to strengthen your case.

Date Rape Penalties

There is not a statute listed as date rape. It is criminal sexual conduct of the third degree, which is a felony that carries a penalty of up to ten years. Date rape could even include someone with a mental disability that had sexual intercourse with the defendant. Date rape is when someone is unable to consent due to intoxication or mental incapacity.

The potential penalties for a date rape offense differ from other rape cases. When aggravated force is involved, it is criminal sexual conduct in the first degree, which is a felony that carries up to 30 years in jail. Criminal sexual conduct in the second degree carries up to 20 years imprisonment. Individuals facing these penalties should reach out to a date rape lawyer in Columbia as soon as possible.

Evidence Used in Date Rape Cases

Date rape cases are difficult to secure sources of credible evidence. In many cases of date rape, it occurs when individuals are at a bar or at a place where there is a lot of alcohol and drugs being used. An individual’s credibility is the issue because of alcohol and drug use.

There is a thin line as to whether the intoxication resulted from the defendant intentionally placing either the drug or alcohol for the sole intent to try to remove that consent from the alleged victim. Therefore, it is hard to determine whether the defendant intentionally attempted to use a mood-altering substance for sexual purposes.

Reasons Individuals Avoid Seeking Legal Representation

Some examples of why a person accused of date rape may avoid hiring a defense attorney in their case are that they are scared and do not want to tarnish their reputation. Many times, they are overwhelmed, stressed, and scared that not only is their freedom at stake, but their reputation and livelihood is on the line. They want to avoid dealing with it, so they do not call a defense attorney right away, which is a big mistake.

Individuals should contact an experienced attorney as soon as possible after learning they are under investigation or being arrested. It is critical to get a Columbia date rape attorney involved to start building a defense from day one.

Speak to a Columbia Columbia Date Rape Attorney Today

If you have been accused of committing a date rape offense, you should contact an attorney right away. After obtaining a Columbia date rape lawyer, the attorney could begin preparing a strong defense. The penalties for date rape charges are severe, which is why you would want to have a lawyer by your side from the beginning. Call today and set up a consultation.