Date Rape Charges in Illinois

 Posted on December 00, 0000 in Criminal Defense

“Date rape” is a common term used to describe an alleged sexual assault that occurs between two people who know one another. Often defendants are accused of date rape by someone with whom they were previously or currently in a relationship. At other times accusers are simply friends or acquaintances of the alleged offender. Date rape accusations can also stem from encounters at parties, especially among college or high school students.

The colloquial term for these accusations leads some to mistakenly believe that date rape is not as serious as other sexual assault charges, perhaps not carrying as severe of consequences. This assumption is a mistake. Date rape charges are very serious, and must be defended against vigorously to protect your future.

Understanding What Is Considered Rape

There are many different sex crimes with which one may be charged. The exact charges stemming from a date rape allegation may vary depending on the specifics of the situation. For example, under the Illinois Criminal Sexual Assault Act, rape charges require:

(1) Sexual penetration; and

(2) Threat of force (or actual force), or a victim who cannot knowingly give consent nor understand the nature of the act.

Many date rape accusations fit those requirements, often involving alleged victims who were unable to give consent because of their condition. These cases frequently arise following parties or other social situations that involve alcohol, where the alleged victim was too intoxicated to understand what was going on during a sexual encounter. If the State proves that this was the case, you may find yourself convicted of extremely serious felony charges. In other words, under the law, sexual assault of one who was unable to give consent can be treated similarly to those who use physical force to rape a stranger.

Penalties for Date Rape in Illinois

Date rape is treated similarly to any other type of rape, and so offenders may face the following consequences under Illinois criminal law:

• Class 1 felony conviction on their record;
• Mandatory time in prison for four to 15 years;
• Mandatory registration as a sex offender; and
• Extended prison sentences if they have prior sexual offenses on their record.

You should never downplay the potential consequences of a date rape accusation. Instead, you should contact a lawyer immediately for help. Cases involving date rape may revolve around the contrasting testimony of the victim and the accused. For this reason, you always want representation by a defense attorney who knows how to handle this particular type of sex crimes case and can present evidence to defend against the charges.

Contact an Illinois Date Rape Defense Attorney for Help

If someone has accused you of date rape or any other sexual offense, you could be facing serious consequences that will have a negative impact on your life. It is important that you contact an experienced Illinois criminal defense lawyer right away. Even if you have not yet been formally charged, an attorney can protect your rights. Call the law office of Kathryn L. Harry & Associates, P.C. today at 630-472-9700 for help in DuPage County and other suburban communities.