Connecticut Date Rape Lawyer

As defined by Connecticut law, date rape is considered any unconsensual intercourse that occurs between parties that are in a casual dating relationship. It does not mean between a spouse or a cohabitator. The actor would be charged with first-degree sexual assault if the alleged victim is mentally incapacitated to the extent that they are unable to consent to the intercourse.

If you face sexual assault or date rape charges, do not hesitate to reach out to a top Connecticut date rape lawyer. An experienced CT criminal defense attorney could fight for an optimum outcome on your behalf.

Definition of Mental Incapacity

Under Connecticut law, mental incapacity means that a person is rendered temporarily incapable of appraising or controlling their own conduct. It could be through the influence of drugs or an intoxicating substance that was given to a person without their consent. An example would be any time something is put in a drink or someone was given a drug with the purpose of incapacitating them, and they do not consent to taking that drug.

Common side effects of these drugs would be that a person has passed out, they are unable to form thought processes, or most importantly, they are unable to form proper consent or the basis for consent.

Specific Elements of Date Rape Allegations

Date rape allegations are different from other sexual assault cases in that the alleged victim has to prove they were mentally incapacitated at the time the sexual intercourse occurred. The alleged victim also has to prove they were unable to consent to the contact and that actual sexual contact or sexual intercourse occurred. This is typically a difficult charge for the prosecution to prove in court.

Difficulty of Securing Credible Evidence

These cases make it difficult to secure credible evidence because most of the time the alleged victim does not submit to a rape kit or there is no DNA evidence left. To have DNA evidence in these cases, the rape kit has to be done in close proximity to the rape, and it has to be preserved and processed.

In these cases, there are typically only two witnesses, and one of them has been incapacitated and only knows how they feel the next day. Most of the time, an alleged victim does not like to testify in these cases because it can be personal and embarrassing for them. This makes it difficult to get credible witness testimony for trials. A Connecticut date rape lawyer could look at all the angles in a case and exploit any weaknesses in the evidence.

Common Misconceptions

One common misconception regarding date rape cases is that they could not be prosecuted if there is no rape test. Even if an alleged victim does not report the incident right away or does not go the hospital for treatment, these cases can be prosecuted at a later date.

Another misconception is that a person has to be incapacitated by a drug in order for it to be date rape. In fact, they could be mentally incapacitated by alcohol or another substance that they did not knowingly consume.

Consult with a Connecticut Date Rape Attorney

If you are facing date rape or sexual assault charges, you should seek the services of an experienced attorney as soon as possible. Even if you believe there is not much evidence against you, you may need a dedicated criminal lawyer to prove this at court.