West Chester PA Date Rape Lawyer

The possibility of being accused of date rape is more common than you may think and the natural inclination to tell your side of the story may to the police may be the first step in your conviction. If you are facing date rape allegations in West Chester PA, Chester County or throughout Pennsylvania speak to our experienced sex crimes lawyers in West Chester immediately at (610)6 692-8700.  

When non-consensual sex (sex which one party does not want, and does not agree to) occurs, or when a person forces another person to have sex against their will, the offense of rape has occurred. Rape can include sexual intercourse in the vagina, mouth or anus, and can also occur when the victim is impaired due to alcohol or drugs. Women, children, and men can be raped, and a rapist can use fear alone to commit the act of rape. Date rape is defined just like rape, except the victim of the rape knows the attacker socially, and may have even dated the attacker on more than one occasion.  If you believe that you are being accused of date rape, immediately contact a West Chester criminal defense attorney.

Date Rape Allegations Particularly Common on College Campuses

Date rape is a serious crime, however, in some cases, allegations of date rape are not entirely true—or not true at all. Accusations of date rape can have devastating consequences for your reputation, your current and future employment opportunities, your liberty, your education, and your future. Date rape is a fairly common allegation on college campuses, and, while some of the accusations are true, others are exaggerated or made up in an attempt to retaliate or get revenge against another person.  Our legal team has been successful in defending date rape charges allegations before the charges have been filed and also successful in defending date rape charges and gaining a jury acquittal.  

Pennsylvania Date Rape is a Second-Degree Felony

The primary question when allegations of date rape are made is whether the sex was consensual. Many times accusations of date rape include heavy alcohol consumption by one or both parties or the use of so-called “date rape” drugs like GHB or Rohypnol which can seriously impair the victim. A complete investigation is required into every aspect of the case in order to determine the credibility of both parties as well as whether the evidence supports the allegations. Date rape in the state of Pennsylvania is a serious, second-degree felony, and if accused, you need to take action immediately to protect your future and your rights.

Date Rape Allegations May Have No Supporting Evidence

Charges of rape are emotional and legally complex, and those involving date rape are particularly difficult. Your charges of date rape can be based on the alleged victim’s date rape claims with virtually no supporting evidence, yet if convicted of the crime you could spend up to nine years in prison and have your future completely derailed. If convicted, you could also find yourself having to register as a sex offender, which can restrict where you live, where you are employed and what professional license you can hold. You could also find yourself under the strictures of a curfew and court-mandated counseling. You could also face civil commitment proceedings, under which a convicted sex offender can potentially be committed to a civil commitment facility after you have completed your state prison sentence.

Consensual Sexual Relations Prior to the Time of the Allegation Do Not Negate Date Rape Claims

Many people are under the mistaken belief that if a couple has had consensual sexual relations prior to the time of the accusation, that date rape cannot be claimed. This is absolutely not true. It makes absolutely no difference whether a prior sexual relationship can be established, and, in some cases, it makes no difference whether DNA evidence or other evidence that corroborates the alleged victim’s accusations exists. You can be convicted even when absolutely no evidence exists other than the alleged victim’s words. This is why you must take these charges very seriously, even if you know you did not commit date rape.

Potential Penalties for a Date Rape Conviction in Pennsylvania

Under Pennsylvania Statutes, if you are convicted of the crime of date rape, you could face the following penalties:

• Up to nine years in prison;
• Large fines and fees;
• Community Service;
• Restitution to the victim;
• Probation;
• Parole;
• Driver’s license suspension;
• Sex offender registration, and
• A permanent mark on your criminal record. 

Potential Defenses to the Charges of Date Rape

Your exact defense to your charges of date rape will depend on the circumstances surrounding the charges, and while your Pennsylvania criminal defense attorney will craft the best defense for your particular situation, the following are some of the most common date rape defenses:

·     Consent—If your attorney can show the other person consented to the sexual contact, your charges could be dropped, or you could be acquitted. This is assuming the alleged victim is not under the legal age of consent or mentally incapable of giving legal consent, in which case consent is not a defense. 

·     Legitimate misunderstanding—Because you had dated the alleged victim on prior occasions, and had engaged in sexual intercourse, there can be a question as to when consent began and ended, how lack of consent was communicated, and the fact that you made assumptions based on past consent. 

·     Insufficient evidence to show that a rape occurred. 

·     The rape actually did not occur—i.e. you are innocent of the charges, and no sexual contact of any kind occurred between you and the alleged victim.

Things to Remember if You are Charged with Date Rape

First and foremost, if you are charged with Date Rape, take your right to remain silent very seriously. If you are arrested, do not speak with the police officer or anyone else until you have had time to speak to your Pennsylvania criminal defense attorney. Under no circumstances should you attempt to contact the alleged victim.

It is understandable that you might want to talk to the person accusing you of date rape, to try and figure out where the allegations are coming from, but it is never a good idea. Don’t share information regarding your case with your friends or family members, and absolutely avoid posting anything at all about your case on social media or anywhere online.

Hiring a knowledgeable Pennsylvania criminal defense attorney is an essential step for a solid legal defense. Your attorney can be the link between you and the rest of the world—if the police want to question you, your attorney can arrange the meeting on your terms, and be present during the questioning. 

Why Choose Ciccarelli Law Offices?

Date rape charges are serious, and for that, you need an experienced, trusted legal team committed to providing you with exceptional legal service. Many attorneys are criminal defense professionals. For this type of sexual-related crime, hire a legal firm with more experience in this particular area. At Ciccarelli Law Offices, our dedicated team is ready to meet your needs on a consistent basis. We strive for success with every case we take on. 

Free Consultations

One of the first steps we offer is a free consultation. This is an opportunity to speak to our legal team about the charges you are facing. There is no commitment to working with us at this point. It is just a conversation. Anything you tell us is fully protected and kept private. However, this is the ideal opportunity to discuss what you are facing and your risks. 

It is also a good opportunity to ask us key questions. We encourage open conversation, including a full description of your legal challenges and the type of defense strategy we recommend for you. 

From this meeting, you should feel comfortable working with us. At that point, we encourage you to hire us as your attorney so we can begin to rapidly build your case. 

We Are Prepared to Go to Court

In a date rape case, there is quite a bit on the line. Our criminal defense attorneys in West Chester recognize this risk and fight with one goal: acquittal. There are many times when an attorney may recommend a client plead out their case. Sometimes that makes sense. However, we aim to fight for the full pursuit of your best outcome. To do that, we prepare for a trial from the start. 

That does not mean your case will go to trial. We do everything we can to minimize the risk of the worst outcome. Being prepared enables us to provide you with compressive legal support. Expect us to work hard towards the best possible outcome. 

Experience Matters

Our date repair lawyers in West Chester have years of experience in these very delicate cases. When you hire us, expect our attorneys to bring that knowledge to your fight. 

Over our history, we have helped more than 15,000 clients. That has helped us build 30 years of exceptional experience in handling delicate cases like this. We have watched the laws evolve, know the legal defenses that work, and have the expertise to guide you every step of the way in developing your case. 

We Respect You and Your Case

Having a criminal defense attorney that respects you is critically important. Our team is here to serve you. We communicate with you, answer your questions as soon as possible, and always keep you in the loop. Most importantly, we are here to help not tell you what to do.

We are always honest with you as well. When you are facing a date rape charge, the risks of conviction depend on many factors. We will not promise you more than we can deliver, and while we will work hard to defend you in this case, we absolutely will be transparent about what you are facing. We are devoted to your best interests. 

Common Questions About Date Rape Cases

Can I prove that I did not commit date rape?

Yes, it is possible to develop a defense strategy that proves your innocence. When you work with our legal team, we will assist in developing this. We look at factors that could prove the alleged victim is not being honest. We may try to prove they provided consent. We also will work with you to show that you did not know they did not want the actions you were taking. 

I did not commit date rape, but I do not want the victim attacked. What should I do?

Your history is on the line when it comes to these charges. Taking legal action by hiring an attorney is your critical first step. We will pursue aggressive legal representation for our clients, but we do not “blame the victim” or attack the victim. It is frowned upon in most courtrooms to engage in this type of behavior, and it rarely leads to an acquittal. Instead, we will develop a strategy that defends your rights without attacking the victim. 

What evidence is there that a date rape occurred?

In some situations, a person is accused of date rape without any foundation for it. In other words, someone may outright lie about what you did or did not do. There may be very little evidence in the case. Our job is to determine what evidence the police have and how accurate that information is. We will petition the court for any viable information to use to defend against that evidence. 

Physical evidence in a date rape case is often lacking. There may be defensive wounds on a person from being held against their will, for example. If a date rape drug was given, there may be some evidence of that in the person’s system. However, if these types of evidence are not available, it becomes one person’s claim over the other. 

What is the difference between rape and date rape?

Rape vs date rape are often interchangeable terms from a legal standpoint. By law, there is no legal distinction between the two. Most of the time, the court will pursue legal action against a person under the same type of sexual assault charges. 

However, the term date rape is often used to refer to a type of sexual assault that occurs when two people are in a romantic relationship or sexual relationship. In some cases, this term can describe a situation where two people know each other but are not in a relationship. 

What should I do if I am falsely accused of date rape?

Our West Chester, PA, date rape attorney should be the first attorney you call. Our legal team will begin working to build a defense for you in this case. We use all available information to guide you in this process. 

It is also a good idea to write down the specifics of what occurred. Document the specific sequence of events in chronological order, including any type of social media posts, text messages, or other interactions you have. This can serve as physical evidence. 

Gather any type of physical evidence you may have from the event and the date as well. This may include clothing you were wearing or any type of receipt you have that shows you were not where you are being accused of being. You may also wish to use text messages to show that the other person was more than willing or interested in engaging in sexual interactions with you. 

We also recommend gathering as much information as possible about the incident and who may have been around you. Do you remember any people who saw you with the other person? Depending on where you were, you may also find video evidence to support your claims. The more you write down now, the better. Our attorneys will use the information you provide to document your case. 

What should you not do after a date rape accusation?

If you are accused of date rape, it is critical to protect yourself right away. To do that, keep the following in mind: 

• Stay off social media.
• Do not tell people what is going on or what happened.
• No matter how much you trust someone, do not share the details of the event. Small mistakes in what you say could be used against you.
• Provide your attorney with everything you can to prove your innocence.
• Be honest with us about what is occurring and why. If you had a past relationship with this person and that could be used against you, tell us.

As you work with a trusted date rape defense attorney in West Chester from our firm, we will remain committed to supporting you through this legal process. You do not have to feel as if no one believes you. Trust us to be there for you through this process.  

Contact Our West Chester Date Rape Defense Attorney

If you have been charged with date rape in Pennsylvania, it is crucial you speak to an experienced Pennsylvania criminal defense attorney in order to ensure your rights are protected and your future holds some hope. 

The criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been accused of sexual assault crimes. Our Chester County-based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll-free (877) 529-2422. Don’t wait—contact an attorney immediately.