Home FAQs What Should I Do If I Have Been Falsely Accused of Date Rape?

What Should I Do If I Have Been Falsely Accused of Date Rape?

By Nathaniel Pitoniak on December 28th, 2021 in

Date rape allegations can have devastating consequences for the accused, even if they are innocent. If you have been falsely accused of date rape, it is vital to do everything you can to protect yourself legally. A sex crime conviction can follow you for the rest of your life, and any person accused of date rape should understand all of their legal rights as they work to fight these charges. Houston criminal defense attorney Nathaniel Pitoniak is available to help sex crime defendants understand their legal rights and all of their legal options: contact him today at (832) 315-6283 for more information.

How is Date Rape Defined in Texas?

Date rape is a type of acquaintance rape in which the victim and perpetrator had a current romantic or possibly sexual relationship. It is a serious problem that affects far too many women. According to RAINN, approximately one in six American women have been the victim of rape or attempted rape. However, false date rape allegations do happen.

Date rape is not a legally defined crime, but someone accused of date rape may face criminal charges. In Texas, sex crime allegations in a dating context could result in the following charges:

• Sexual Assault – In Texas, sexual assault is defined as sexual penetration without consent or causing sexual contact or penetration of the victim’s sexual organ without consent.
• Aggravated Sexual Assault – Texas law defines aggravated sexual assault as a crime that meets the definition of sexual assault with other circumstances, including serious bodily injury, threats, the use of a deadly weapon, or a victim who was a child, elderly, or disabled.

Both of these offenses are felonies that carry severe legal consequences if convicted, including lengthy prison sentences. Anyone facing these charges should be aware that they have legal rights, including the right to legal representation from an experienced Texas criminal defense attorney.

What Are the Penalties for Date Rape in Texas?

Are you facing criminal charges in Houston after being falsely accused of date rape? These charges must be taken seriously, as they carry heavy social and legal consequences. The penalties for date rape in Texas depend on the circumstances of the alleged crime and the specific charges.

• A sexual assault charge is classified as a second-degree felony punishable by 2-20 years in prison.
• Aggravated sexual assault is a more serious first-degree felony punishable by 5-99 years in prison.

Charges of aggravated sexual assault involve circumstances commonly found in date rape cases. For example, some date rape allegations involve the use of date rape drugs like GHB and Rohypnol (“roofies”). The use of drugs during the commission of a sexual assault is one of the circumstances that can lead to an aggravated sexual assault charge, and additional penalties under the law.

Possible Legal Defenses for Those Falsely Accused of Date Rape in Houston

Presenting a successful legal defense to date rape-related charges can prove legally challenging and complicated. An experienced Houston sexual assault defense lawyer can analyze the circumstances of a case and determine all of your legal options under the law. Some common legal defenses that could potentially exonerate someone falsely accused of date rape in Houston include:

• Consent was given – A defense lawyer could potentially argue that the accuser gave consent for sexual activity. This would negate any sexual assault charge since these charges are based on a lack of consent.
• The accused was misidentified – Some false date rape allegations involve mistaken identity. For example, if a victim was sexually assaulted by another person while under the influence of a date rape drug, they may misidentify their actual attacker.
• Evidence of ulterior motive – Some date rape cases may have evidence of an ulterior motive behind the allegations. For example, the accuser may have attempted to extort the accused. Evidence of blackmail, such as email or text messages requesting money, could be used as part of the defense.
• Guilt not proven beyond a reasonable doubt – All states require the prosecution to prove guilt beyond a reasonable doubt to obtain a conviction. Defense lawyers can argue that there is insufficient evidence to prove a date rape allegation beyond a reasonable doubt.

Each sexual assault case has unique circumstances that will affect how the defense constructs its argument. If you have been charged with a sex crime, former prosecutor Nathaniel Pitoniak is prepared to help you understand your legal defense options in a consultation.

Consider Contacting an Experienced Houston Sexual Assault Defense Attorney

Facing a false allegation of date rape is unimaginably stressful. In some circumstances, the entire event involving the alleged sexual assault includes misidentification or a blatant false accusation. The reasons for a false accusation could possibly involve a person feeling guilty for their participation in a consensual sexual act. In other cases, a person may simply charge another with these allegations as a form of revenge. It is important to note that sexual assault is real, and many people unfortunately face terrifying experiences that haunt them for the rest of their lives. As a society, it is important to always encourage those who were victims of sexual assault to come forward and hold attackers responsible for their actions.

However, in many cases, people are falsely accused of date rape due to extraneous circumstances. Facing a date rape charge as someone who has been falsely accused can prove overwhelming and terrifying. Along with the social consequences of your reputation and character suffering disparagement, you may be facing serious criminal charges that include actual jail time. Criminal defense attorney Nathaniel Pitoniak is a former prosecutor who understands both sides of the criminal justice system. He is prepared to investigate your case and construct a strong defense against the charges you face. Get in touch with the Law Office of Nathaniel Pitoniak today at (832) 315-6283 to learn more about your legal rights.