Wednesday, April 29, 2015

Date Rape – How to Protect Yourself

Under Nevada law, NRS 200.366, an individual "who subjects another person to sexual penetration...against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, is guilty of sexual assault.”
What is date rape?

Date rape occurs when the assailer puts a drug into a victim’s drink without his or her knowledge to assist in sexual assault. Though date rape can occur in many types of situations, victims have frequently reported being drugged at venues such as parties, concerts, and bars.
Another form of date rape, otherwise known as acquaintance rape, is when the attacker is someone that the victim knows, such as someone that the victim is in a relationship with, was previously in a relationship, or is friends with. Under this type of situation, the attacker may sexually assault the victim if he or she intends to engage in sexual intercourse, despite lack of consent, or if the attacker mistakenly believes that the victim is consenting.
Attackers use date rape drugs because they cause the victim to become helpless. These drugs are often odorless, colorless, and tasteless, so victims do not know that they have been drugged. Upon ingesting a date rape drugs, victims usually experience symptoms such as:
  • Paralysis
  • Obscured vision
  • Memory loss
  • Blackouts
  • Dizziness
  • Confusion
  • Difficulty speaking
In addition to date rape drugs, alcohol is also used to help an attacker commit sexual assault. Consuming alcohol may cause an individual to have:
  • Impaired judgment
  • Difficulty refusing sexual advances
  • Difficulty assessing the danger of a situation
  • Memory loss
  • Blackouts
How to protect yourself from date rape
  • Don’t set your drink down; keep it with you at all times
  • If you do leave your drink unattended, pour it out
  • Avoid drinking from common open containers or bowls
  • If someone offers to get you a drink, politely decline
  • Open all beverages and containers yourself
  • Use the “buddy system” by always attending parties, clubs, and other events with a trusted friend or family member
  • If your drink tastes, looks, or smells abnormal, stop drinking it
  • Avoid drinking alcohol altogether

To avoid becoming a victim of acquaintance rape:

  • Set clear sexual limits and be firm in their assertion
  • State your consent or refusal affirmatively
  • Avoid secluded areas
  • Practice self-defense measures
How to protect yourself if you are accused of date rape

If you are accused of date rape, it is vital that you seek criminal defense. You may challenge the accusation if:
  • You were unaware that the victim ingested a date rape drug
  • The victim did consent to sexual intercourse
  • You were unaware that the victim was resisting sexual advances
If you would like more information on how to challenge your date rape accusation, contact our skilled team at the De Castroverde Law Group to discuss your case and legal options.