Take These Important First Steps If You Are Facing Possible Date Rape Charges

You Have Just Been Accused of Date Rape

This allegation should scare the hell out of you! Date rape is a first degree rape charge and it carries a penalty of at least fives years in prison…up to life in prison.

The date rape accusation comes typically one of four ways:

  • The “victim” alleges you “dosed” her, gave her a “roofie,” “rope,” “circle,” “forget-me pill,” etc.
  • She said “no,” and you believed she meant “yes.”
  • She woke up the next day with regret—buyer’s remorse, her boyfriend found out, etc.— about her decision to have sex with you. Now she accuses you of rape to explain her conduct.
  • You are drinking with someone. She gets drunk, the two of you have sex, and the next day she cries rape. Now that she is sober, she states she was too drunk, that you took advantage of her, that you knew she was too drunk, that she was drifting in and out of consciousness, and she was too drunk to consent to sex.

As you likely know—and only too painfully now—most of these cases are the third or fourth types” buyer’s remorse, regret, boyfriend problems, or a bad decision after drinking.

These are difficult cases. There is usually sufficient evidence sex occurred. Most of the time the defendant admits that sex happened, and now the issue is consent, and the case is now a “he said versus she said” situation.

Take These First Steps If You Are Accused of Date Rate

Once the allegation is made, you will be treated as guilty until proven innocent. Law enforcement will not save you. Very rarely will a police “investigation” exonerate you. Their investigation is a damn witch hunt and is designed only to develop evidence to prove the allegation of rape. It is not designed or executed to get to the truth. They will ignore and fail to include evidence in their reports that does not fit their narrative that a rape occurred.

VERY IMPORTANT: DO NOT DESTROY EVIDENCE. Do not delete emails, text messages, social media, phone logs, voice mails, or any other records of your contact with the other party. You may be destroying the very evidence necessary to form the basis of your defense. You don’t know what will help or hurt, so let your attorney make that decision. When you come in to meet with me, bring in all the evidence and let me make the decision of what we need for your defense.

ALSO IMPORTANT: DO NOT RESPOND TO HER MESSAGES OR CALLS. Do not write anything about the incident on social media. Do not talk, text, or email her if she contacts you. It probably isn’t her anyway; it is probably the damn police pretending to be the other party to get you to make admissions they need to put you in prison. Do not talk with law enforcement when they come to you or call to interview you. MEET WITH ME FIRST. It could save you from life in prison.

These cases require a deliberately planned and sophisticated defense uniquely tailored to your case and fact pattern. This is the very work I do all day—every day. Call me to schedule your initial client meeting and let me get started putting an end to this nightmare. When you call, say “Lee, I have just been accused of date rape and I need to meet with you right away.”