Date Rape

What qualifies as date rape?

Any form of sexual conduct forced on someone that is unwanted or manipulative can be classified as sexual violence, but this is not limited to situations involving strangers. Often sexual assault can be with a known partner or someone that is an acquaintance. This is classified as date rape and though the title might make it seem that this happens purely during dating relationships it also covers situations with neighbors, people met at a party, friends or anyone known by the individual. According to the National Crime Victimization Study in 2005, almost 2/3 of all rape crimes in West Virginia were carried out by a person the victim knew.

Common Myths Believed by Perpetrators

Often the individual who becomes the offender in a date rape scenario may believe certain myths about the intentions of the one who ends up being the victim. It is important to realize that it is never the fault of the one raped no matter what they wore, said or implied by their actions. If it is unwarranted sexual conduct induced by force or violence, then it qualifies as sexual assault. Some of the myths are as follows:

  • The woman owes the man sexual favors whenever he spends money on her
  • Any form of fondling or touching, including kissing, means that sex must follow
  • Women want forceful men to aggressively pursue them
  • Any time the opposite sex is invited into the other's home, it is an invitation for intercourse
  • Most women say "no" when they really mean "yes"

All of these misconceptions could result in an acquaintance rape situation if the other individual is not inviting the sexual actions. It is critical that both individuals make their intentions clear so that a crime such as this does not occur accidentally. If you are being charged with date rape, but it is merely the victim's word against yours you will need a proper defense. A fighter like Attorney Frank Walker will bring justice to light and assist you on your way to achieving positive results. With experience with sexual assault charges, our firm is prepared to discover all necessary evidence that can help your case to get you back your reputation and freedom.