Common Misconceptions about California Date Rape
The term “date rape” conjures up different ideas for different people. Many think that it is a less serious offense than a “traditional” rape charge. Many think it necessarily involves one person “drugging” another with popular “date rape drugs” such as gamma hydroxybutyric acid (“GHB”) rohypnol (“roofies”), or ketamine (“special K”). Still others think it is an offense limited to young adults, primarily college students.
The fact, however, is that date rape is rape – period. California Penal Code 261 rape includes “date rape”. For prosecution purposes, there is no difference between the two offenses.
“Date rape” typically describes nonconsensual sex that takes place between (1) people who know each other, or (2) people who are or were dating. It is not a crime in-and-of itself, but is simply a social term that is used to describe a California rape charge when the accused and alleged victim fall into one of these two categories.
Because California Penal Code 261 rape includes “date rape”, an individual who is convicted of this offense faces up to eight years in the California State Prison and a lifetime duty to register as a sex offender under Penal Code 290 PC.
Whether you have been accused of date rape…or are a victim of date rape…it is a serious charge that will be aggressively prosecuted. Consent is the critical issue and the only one that is actually relevant to a California date rape charge.
