DATE RAPE
Date Rape is a common phrase in crime dramas and movies. It is, consequently, not a difficult crime to understand.
What is the legal definition of Date Rape?
The legal definition of Date Rape is identical to “sexual assault” as it is defined in NRS 200.366(1) and (2):
- A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, is guilty of sexual assault.
- Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
- If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
- For life without the possibility of parole; or
- For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.
- If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
- If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
Please Note: Subsections (3) through (5) of NRS 200.366 apply to sexual assault against minors under the age of 16. If you have been charged with “Date Rape” and the alleged victim is under the age of 16, then those sections will still apply. However, for the purposes of this article, we will assume that the alleged victim and alleged perpetrator are both over the age of 16. If you have been charged with Date Rape against someone under the age of 16, please refer to our discussion of the crime of “Sexual Assault” by clicking here.
If it is identical to “Sexual Assault” why is it a separate crime?
Technically, it is not. “Date Rape” is just a form of “Sexual Assault” where the accused and the alleged victim were in a relationship of some kind (significant others, casual dating, friendship, or even just acquaintances).
The two most common forms of “Date Rape” are:
- A couple are on a date and begin kissing. Both of them consent to the kissing but when one of the two decides to go further, the other says no and is forced to have sex anyway.
- Two people are out somewhere when one of them drugs the other (often with Rohypnol, or “roofies”) which causes the other to pass out. The accused then has sex with the passed out person.
What are the possible penalties?
As noted above, Date Rape is identical to Sexual Assault. Consequently, Date Rape can be charged as a category A felony and can carry with it:
- If substantial bodily harm results from the incident:
- Life in prison without the possibility of parole; or
- Life in prison with the possibility of parole after 15 years.
- If no substantial bodily harm results from the incident:
- Life in prison with the possibility of parole after 10 years.
Are there any Defenses?
Date Rape is a very difficult allegation to prove as well as to disprove. The possible defenses might apply:
- Consent – As noted above, if your attorney can prove that the alleged victim consented to the sexual penetration, then the charges should be dropped or dismissed.
- Lack of Evidence– If the prosecution cannot prove, beyond a reasonable doubt, every element of the “date rape” as they are described above, then the charges against you should be dropped or dismissed.
- False allegations – This is similar to both of the other defenses in that it essentially relies on raising a reasonable doubt about the charges, though in this defense it is a reasonable doubt about the truth of the allegations, rather than a reasonable doubt in any of the specific elements of the crime. It is important to note, however, that Nevada’s Rape Shield Law prevents evidence of an alleged victim’s prior sexual conduct, unless that conduct relates to prior false allegations of prior false allegations.
- No Sex – Date rape laws to not extend to sexual acts that do not contain penetration, such as groping.
Please Note: This is just a general overview of Date Rape. For a more in-depth discussion of how the law may apply please see our discussion of “Sexual Assault”, here.
What should I do if I’ve been charged with Date Rape?
As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.
