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.
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