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Date Rape

When a rape is committed by a person that a victim knows, it is referred to as an acquaintance rape. An increasingly common form of acquaintance rape is date rape, which often refers to rape committed by a person who had a romantic or sexual relationship with the alleged victim.

Date rape, however, is also a phrase that is used to describe a rape involving alcohol or drugs—instances that are also referred to as drug facilitated sexual assaults (DFSAs). Date rape allegations are especially common on college campuses in the United States.  Colleges, Universities, and other institutions of higher learning take these allegations seriously.  Law enforcement agencies and local district attorney offices have made allegations of date rape a top priority. .

Lawyer for Date Rape Arrests in Raleigh, NC

Were you arrested or do you believe that you could be under investigation anywhere in the Research Triangle area for an alleged date rape? Even if you know that you are completely innocent, you should still refuse to say anything to authorities until you have legal representation.

The Coolidge Law Firm aggressively defends clients accused of sexual offenses in communities all over Wake County, such as Raleigh, Knightdale, Apex, Holly Springs, Garner, Fuquay-Varina, Cary, and many others.

Raleigh criminal defense attorney David Coolidge also helps students at many different colleges in North Carolina, such as Shaw University, North Carolina State University, Meredith College, and Duke University. He can review your case and answer all of your legal questions when you call (919) 239-8448 to receive a free initial consultation.


North Carolina Date Rape Information Center


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Date Rape Charges in Wake County

Rape is a felony offense in North Carolina. If an alleged offender engages in vaginal intercourse with an alleged victim by force and against the victim’s will, he or she will be charged with the Class C felony offense of second-degree forcible rape under North Carolina General Statute § 14-27.22.

When an alleged offender engages in vaginal intercourse with an alleged victim by force and against the victim’s will, and the alleged offense involves either the use or display of a dangerous or deadly weapon, serious personal injury being inflicted upon the alleged victim or another person, or the alleged offender is aided and abetted by one or more other persons, he or she will be charged with the Class B1 felony offense of first-degree forcible rape under North Carolina General Statute § 14-27.21.

In cases of DFSAs, alleged offenders may be accused of employing certain illicit drugs (commonly referred to as "predator drugs" or "date rape drugs") in order to disinhibit alleged victims. Depending on the case, date rape drugs may be consumed voluntarily or involuntarily.

Some common drugs that have been known to be used in date rape cases include, but are not limited to:


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Consequences of a Criminal Conviction for Date Rape in Raleigh

The immediate and primary consequence of a conviction for date rape in North Carolina is the prison sentence an offender receives. North Carolina uses a “structured sentencing” method of punishing convicted criminals in which sentences are determined based not only the nature of the criminal offense, but also the gravity of the prior criminal records for the alleged offenders.

Depending on the class of felony an offender has been charged with, a conviction can result in one of three kinds of punishments:

An offender is also assigned one of six prior record levels based on that individual's criminal records. Sentence ranges on the felony punishment chart are further staggered into three possible ranges: an aggravated range applies to cases with more aggravating factors, a mitigated range applies to cases with more mitigating factors, and a presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors.

Second-degree and first-degree forcible rape convictions carry the following consequences:

 

Prior Record Level I
(0-1 point)

Prior Record Level II
(2-5 points)

Prior Record Level III
(6-9 points)

Prior Record Level IV
(10-13 points)

Prior Record Level V
(14-17 points)

Prior Record Level VI
(18+ points)

Class B1

Active

Active

Active

Active

Active

Active

Aggravated

240–300 months

276-345 months

317-397 months

365-456 months

Life Without Parole

Life Without Parole

Presumptive

192-240 months

221-276 months

254-317 months

292-365 months

336-420 months

386-483 months

Mitigated

144-192 months

166-221 months

190-254 months

219-292 months

252-336 months

290-386 months

Class C

Active

Active

Active

Active

Active

Active

Aggravated

73-92 months

83-104 months

96-120 months

110-138 months

127-159 months

146-182 months

Presumptive

58-73 months

67-83 months

77-96 months

88-110 months

101-127 months

117-146 months

Mitigated

44-58 months

50-67 months

58-77 months

66-88 months

76-101 months

87-117 months

Beyond the possible prison time, alleged offenders convicted of date rape can also be ordered to pay significant fines. Additionally, such individuals will also be required upon release from prison to register as sex offenders.

While sex offender registration can certainly impact where a person may be able to live, any kind of rape conviction can also create numerous employment hardships. Felony convictions can also impact firearm possession rights, and some people may be expected to comply with electronic GPS monitoring.


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North Carolina Date Rape Resources

North Carolina Rape Crisis Centers | North Carolina Coalition Against Sexual Assault (NCCASA) — NCCASA identifies itself as "the sole statewide expertise working to end sexual violence and human trafficking through education, advocacy, and legislation." The service organization advocates for the rights of survivors of sexual violence and for those individuals and organizations that assist survivors. On this section of the NCCASA website, you can find a listing of rape crisis centers by county in North Carolina.

Drug-Facilitated Sexual Assault | Rape, Abuse & Incest National Network (RAINN) — RAINN identifies itself as "the nation's largest anti-sexual violence organization" and claims to have helped more than 2.5 million people since 1994. Visit this website to learn more about DFSAs. You can find information about how perpetrators use drugs and alcohol, how victims can know if they have been drugged, and how to preserve evidence.


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The Coolidge Law Firm | Raleigh Date Rape Defense Attorney

If you think that you might be under investigation or you were already arrested in the Research Triangle for an alleged date rape offense, it is in your best interest to exercise your right to remain silent until you have legal counsel. The Coolidge Law Firm fights to protect the rights of individuals in Wendell, Zebulon, Raleigh, Wake Forest, Rolesville, Morrisville, and many other surrounding areas of Wake County.

David Coolidge is an experienced criminal defense lawyer in Raleigh who also helps students at such local institutions of higher learning as North Carolina State University (NCSU), William Peace University, Wake Technical Community College (Wake Tech), and the University of North Carolina at Chapel Hill (UNC).

Call (919) 239-8448 or fill out an online contact form right now to have our attorney provide a complete evaluation of your case during a free, confidential consultation.



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David Coolidge
David A. Coolidge
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