Date Rape Attorneys in Michigan

Date rape is a complicated crime, and one of the preliminary questions into the inquiry of any date rape case is whether any drugs were used in the commission of the crime. Maybe the relationship came to an end sooner than one party would have liked, and fraudulent rape allegations have been levied as a form of revenge. It is not unheard of in today’s atmosphere and culture. Women are well aware of the power they wield, and the professional, academic, financial, and social misfortune that a false rape accusation can wreak on a young man’s life. The truth is that if the “victim” is resolutely resigned to pursuing aggressive charges, then the best defense an accused person has is to prepare for trial and destroy the alleged victim’s credibility. An experienced Michigan date rape attorney aggressively defending the accused is highly recommended. Our sex crimes defense law firm has successfully help clients avoid jail and recover their reputation.

Preparation means honing in on the details of the evidence, because ultimately the bulk of the testimony may be “he said/she said,” and it will be one person’s word against another. Consequently, combing through every material fact and all evidence of value is essential to look for a crack in the case. This is where having an experienced, skilled defense attorney will pay dividends, because the sincerity of the accuser’s statements will fall under fire during cross examination. It is during these moments that justice often prevails, and the sincerity and veracity of the accuser’s statements may become doubtful at best. Grabel & Associates will fight to prove your innocence and avoid a wrongful conviction which results in a sex crime on your record.

Date rape is a term that is not defined by the Michigan legislature, and there is no actual date rape charge. Consequently, if you are accused of “date rape,” often referred to as “acquaintance rape,” then there are a multitude of different charges that the prosecutor may choose to pursue. We are going to review some of the more common charges and charges that could potentially be filed against you or a loved one.

When Date Rape Drugs are Involved

If drugs were involved in the alleged offense then it means two things; one, there will be a more complicated set of evidentiary issues relating to who actually dosed the alleged victim or if the accuser voluntarily took drugs at any point in the night. Second, additional charges under the controlled substances act may be filed. The controlled substances act specifies a separate offense specifically for drug related sexual conduct. Therefore, it is possible to be charged with the crime under MCL 333.7401 in addition to other crimes such as criminal sexual conduct.

Let us first look at the law under MCL 333.7401 before we turn to the other issues involving criminal sexual conduct. Typically, alcohol is the agent used to facilitate drugs, and there is a plethora of available substances that can be used in the commission of a drug facilitated criminal sexual conduct. Benzodiazepines are often used because of the hypnotic and sedative properties. For example, Diazepam (Valium), Alprazolam (Xanax), and Lorazepam (Ativan) are popular because of their wide availability. However, drugs such as Rohypnol, ketamine, or GHB are also often used, because their effects are so potent. These drugs can render a person barely conscious and induce anterograde amnesia which can prevent a person from remembering the events.

Under MCL 333.7401a, a person can be found guilty for delivering a controlled substance to an individual without their consent to commit, or attempt to commit CSC-I, CSC-II, CSC-III, CSC-IV, or assault to commit criminal sexual conduct. This is a very serious crime, and the sexual assault does not even need to be proven for the prosecution to reach a conviction. The statute is very specific that an attempt is all that is necessary for the prosecutor to prove the elements of the crime under MCL 333.7401 at trial. Therefore, it is very important that you take these charges seriously, because this is a felony with a maximum sentence of 20 years in prison.

Unfortunately, there are numerous combinations of situations that could lead a person to be charged with date rape. For instance, if a date rape drug such as Rohypnol or GHB were used, then it is entirely possible that someone else was the perpetrator who administered drugs in the person’s drink. Although it may seem unlikely, there are also circumstances where the alleged victim may have consumed drugs on their own volition. Benzodiazepines and certainly liquid ecstasy are often voluntarily consumed for recreational purposes. It is important to work with an date rape lawyer who understands the evidence and will work to prevent charges from ever being filed. If charges have already been filed, then the primary objective is to prepare for trial and win the case. The goal is to prevent a sex crime charge from ever appearing on your record.

Sex Offender Registration Under MCL 333.7401a

If you are convicted of drug facilitated criminal sexual conduct, then you will not be placed on the Sex Offender Register if that is the only charge you are facing. Even though it is a felony with a 20-year maximum sentence it is not currently designated as a tier I, tier II, tier III, or tier IV listed offense under the Sex Offenders Registration Act (SORA). However, if you are being charged with drug facilitated criminal sexual conduct and there are additional charges such as criminal sexual conduct, then there is a possibility you could be required to register as a sex offender if you are convicted.

The Situation that Could lead to a CSC-I Charge

If a person is at a night club or bar, and has a friend distract a victim while a date rape drug is slipped in his or her drink, then you could face charges for a CSC-I charge if sexual penetration occurs. Under MCL 750.520b if the actor is aided and abetted by another person under the circumstances where the actor knows the victim is incapacitated, then the qualifications exist for a CSC-1 charge. Mentally incapacitated is defined as being temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered without his or her consent. CSC-I is a felony with a maximum sentence of life in prison.

If drugs are not involved, then the charges still could include criminal sexual conduct II, III, or IV. The above example demonstrates that the highest and most serious criminal sexual conduct charge can occur in date rape cases. However, the specific degree of criminal sexual conduct that you may be charged with depends on a number of factors. No matter what the specific charges that you may be facing or that could be filed in the future, it is of the utmost importance to get in front of the situation. Hiring expert and competent legal representation is the best thing you can do for your life, future, and your defense.

Defenses Against Date Rape Charges – The Facts, Consent, and Other Formal Legal Arguments

Defenses to date rape charges can be difficult because of the “he said/she said” nature of the allegations. It is not at all uncommon for someone to maliciously levy false allegations at a person for financial gain, out of scorn, or because he or she may regret consenting to the act they willingly partook in. The reality is, that if the other side swears that you took advantage of the relationship or situations by drugs or force and committed an un-consensual sexual act, then you are going to have to prepare a defense.

What this means is that in most situations we will have to argue the specific facts of your case. Demonstrating what happened through testimony and evidence that things happened differently than your accuser describes and shedding light on the truth. However, there are also several formal legal defenses that may be employed other than arguing the facts in favor of your case. Consent is the most important defense available. You can prove that the interaction never occurred and they are fabricating the entire situation, or you can prove that they consented to the sexual interaction. It is also possible that the accuser is confused because of drugs or alcohol. Consequently, an alibi that you were somewhere else and a different person perpetrated the alleged crime may be permissible if the situation allows for it.

Consent is a formal legal defense, and the courts have specifically identified consent as a viable defense strategy to CSC charges such as date rape. Although the statute does not address the defense of consent, various provisions that are considered together clearly imply the continuing validity of that defense. Consent is a complete defense, and if proven to be true you will be found not guilty. Further, the courts have explained consent as, “a willing noncoerced act of sexual intercourse between persons of sufficient age who are neither mentally defective, or incapacitated nor physically helpless is not criminal sexual conduct.”

The most important thing to understand about the defense of consent is that it is an affirmative defense. This means that it is a complete defense, and once sufficient evidence is produced to put consent into controversy, then the burden of proof shifts to the prosecutor to disprove the affirmative defense of consent by a reasonable doubt. In conjunction with arguing the facts of the case, the affirmative defense of consent can win your case against bogus date rape charges.

Call Us Now to Get the Charges Dropped or Win Your Case

We aggressively and efficiently defend date rape charges. We are available 24 hours a day, seven days a week, to begin the process of putting the individualized legal defense strategy together that will win your life back. These are difficult situations, and we understand how these charges can negatively affect your record. Grabel & Associates has a talented team of experienced attorneys who want to help you win your life back and clear your name. Contact Grabel & Associates today at 1-800-883-2138 for your free consultation.