Date Rape

Date rape drugs are usually odorless and tasteless, making them easy to give to unsuspecting victims. The drug is often placed in liquid like alcohol. Symptoms include  lightheadedness, confusion and loss of consciousness. Date rape drugs are sometimes used before incidents of sexual assault and rape. 

Some types of date rape drugs include:

  • GHB (gamma-hydroxybutyric acid) – An odorless and tasteless liquid. Said to cause euphoric feelings and can lower the user’s inhibitions.
  • Rohypnol (roofies) – Comes in pill form and doesn’t have a smell or taste. It can sometimes change the color of clear liquids. Known to impair judgment and coordination, lower inhibitions and unconsciousness.
  • Ketamine (special K) – A clear liquid that has no taste or smell. Used as an anesthetic, ketamine causes relaxed, happy and sometimes confused feelings. 

Being accused of a sex crime can make life extremely difficult for the accused. The  repercussions not only include the threat of prison time, but also damage to a person’s personal and professional reputation. Sex crime convictions can prevent you from finding a new job, keep you from moving into specific neighborhoods, and lead to social stigma. This is why it’s important to obtain legal representation from a skilled criminal defense attorney.

 

Salt Lake City Date Rape Defense Attorney

If you have been accused of date rape–with the use of drugs or not–or sexually assaulting someone, you will absolutely need a skilled sex crime defense attorney. For more than 30 years, Susanne Gustin has rigorously defended clients facing complex sex crime charges, including date rape. She will build the strongest defense possible to help you get your life back.

 

Call Susanne Gustin Attorney at Law at (801) 243-2814 or submit an online form to schedule a confidential consultation. Susanne Gustin Attorney at Law represents individuals facing date rape charges throughout Salt Lake County and Davis County, including Salt Lake City, West Valley City, Layton, Bountiful, West Jordan, Sandy and surrounding communities. Do not wait another second and call today.


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Date Rape Information Center


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What is Considered Date Rape in Utah?

Although date rape is not explicitly mentioned under Utah law, the state’s law regarding rape is clearly defined under the Utah Code Chapter 5, Part 4, Section 402. According to the statute, a person commits rape when he or she has sexual intercourse with another person without the victim’s consent. This section applies whether or not the individual is married to the victim. 

The defendant can also be charged for date rape specifically if any of the following occurs:

  • The victim expresses lack of consent through words or conduct. 
  • The individual overcomes the victim through the actual application of physical force or violence.
  • The individual able to overcome the victim through concealment or the element of surprise.

 

Rape is a first-degree felony punishable by a minimum five years and up to life in prison. If the accused caused serious bodily injury to the victim, he or she faces a minimum of 15 years up to life in prison. The fine associated with a rape conviction is $10,000 plus a 90% surcharge.  If the defendant was previously convicted of a grievous sexual offense, he or she faces life in prison without parole. 

A conviction for a date rape offense requires registration on the sex offender registry for life. If so, the convicted will have to register with the local police periodically (usually monthly) and will be identified as a sex offender on the public registry. Convicted sex offenders are prohibited from being employed in jobs that require the person to work around children, like teaching, daycare work, etc.  All employment must be approved a court-appointed agent. Housing that is close proximity to schools and children will also be off limits for registered sex offenders. 


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Defenses Against Date Rape

Unfortunately, it is not uncommon for a person to be accused of date rape on the basis of sexual activity which he or she believed to be consensual. This may occur due to the alleged victim changing his or her mind or feeling guilty about the fact that he or she engaged in sexual intercourse.  “Saturday Morning Regret” Is an issue that needs to be explored.   Or, there are cases where the accuser consents to sexual activity, but later fears repercussions Involving his or her church membership or attendance at a religious school.

In some cases, the accuser may simply remember the facts differently than how they occurred. Even so, the prosecutor may move ahead with charges based only on the accuser’s word.  These cases are generally “he said–she said” cases.  It Is not necessary for there to be corroborating evidence In the case, such as DNA, physical Injuries, a witness or a confession by the defendant.  This Is a common misconception among those facing rape charges. The best way to defend against accusations of date rape is to begin working with an experienced and effective sex crimes lawyer right away. Speaking about the accusations with anyone–especially with the accuser or the police–is never advised.


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Additional Resources on Date Rape

Utah Coalition against Sexual Assault– Utah Coalition Against Sexual Assault (UCASA) engages individuals and organizations in local and statewide collaborations to strengthen the effectiveness of sexual violence education, prevention, and response in Utah. Visit the website to view statistics on sexual assault, and advocates for sexual assault victims throughout the state.

Rape Recovery Center – The mission of Rape Recovery Center is to empower those victimized by sexual violence through crisis intervention, advocay and therapy. The organization is located in Salt Lake City, Utah. Click the link to learn more ways you can get involved such as donating, volunteering your time, and more.

 


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Utah Criminal Defense Attorney

If you have been charged with date rape, your reputation and freedom are on the line. Susanne Gustin is an experienced trail lawyer who has defended people accused of rape, forcible sexual abuse, solicitation of a prostitute, and sex crimes against children. She will fight relentlessly and use his skills to aggresively defend you.

Date rape is a serious crime in the state of Utah. Call (801) 243-2814 now to speak with experienced criminal defense lawyer Susanne Gustin during a free, initial consultation. Susanne Gustin Attorney at Law accepts clients from Davis County, Salt Lake County, Layton, Bountiful, and surrounding areas.


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