What Should I Do If I am Falsely Accused of Date Rape in South Carolina?

As a criminal defense attorney located in North Charleston, South Carolina, I know that date rape is not only occurring on college campuses in South Carolina but it is also a nationwide issue. Date rape has occurred on every college campus in the United State. In this article, I will explain South Carolina’s date rape law, drugs that are used in date rape crimes, the effects experienced under the influence of date rape drugs and what to do if wrongfully accused.

How is Date Rape Defined the State of South Carolina?

South Carolina Date Rape Law includes the following:

  • Sexual battery includes vaginal, anal, and oral sexual intercourse, or any intrusion – such as a touch – of any part of a person’s body or of any object into the genital or anal openings of another person’s body.
  • The legal age of consent in South Carolina is 16. However, individuals as young as 14 years old are able to consent to have sex with a partner who is 18 years old or younger.
  • Submitting to coercion, especially of an aggravated nature, is not consent. If a person threatens to use force or violence to overcome the victim, and the victim has reason to believe that the assailant has the ability to carry out that threat, then he or she may comply with the assailant’s demands out of fear. The assailant, if convicted,  may receive up to 20 years in prison for using aggravated coercion.
  • A person can receive up to 30 years in prison for forcing a victim to submit to sexual battery in the context of kidnapping, forcible confinement, robbery, burglary, extortion, or a similar offense.
  • Consent cannot legally be given by someone who is intoxicated. A person can also receive up to 30 years in prison for sexually assaulting the victim after giving him or her a controlled or intoxicating substance, such as alcohol or a “date rape” drug.
  • A person may receive a sentence of up to 10 years in prison for sexually assaulting a victim despite knowing that the victim is mentally defective or incapacitated or physically helpless, meaning the victim may be intoxicated or have a mental or physical disability.
  • Consent should never be assumed, even in the context of a marital relationship. An individual must have consent from his or her spouse in order to engage in sexual activity with him or her. If a person is convicted of spousal sexual battery, he or she may spend up to 10 years in prison.

What Drugs are Used to Facilitate Date Rape on South Carolina’s College Campuses?

There are more than 30 substances that can incapacitate and make you an easier target for sexual assault. Of these, the most common is Rohypnol. Rohypnol is white, scored on one side with the word “ROCHE” and is encircled either once or twice on the other side, depending on the dosage of the pill. Because it is prescribed as a treatment for insomnia and as a sedative, its effects are similar to those of Valium but is nearly ten times stronger.

Since Rohypnol has no smell or taste, it is very difficult to detect.  The best way to protect yourself from this kind of drug-induced date rape is to be aware. Don’t leave your drink unattended and watch your drink to make sure no one slips anything into it.

Rohypnol is illegal in the United States.  However, it is produced and sold legally by prescription in Europe and Latin America and is smuggled into our country.

Rohypnol is popular because it is inexpensive–sold at less than $5.00 per tablet.

What are the Effects of Date Rape Drugs?

If you have been given a date rape drug, you may experience the following effects:

  • Impaired judgment and motor skills
  • Combining alcohol and Rohypnol is particularly hazardous because together, they have a much greater effect on memory and judgment.
  • Effects begin within thirty minutes, peak within two hours, and can persist for up to eight hours.
  • The combination of alcohol and Rohypnol can cause “blackouts” lasting eight to twenty-four hours.
  • Loss of inhibitions is another widely reported effect of Rohypnol when taken alone or in combination with alcohol.
  • Decreased blood pressure
  • Memory impairment
  • Drowsiness
  • Visual disturbances
  • Dizziness
  • Confusion
  • Urine retention

Date Rape drugs take away your control so that the predator is in charge of the situation. In certain doses, any drug can leave you helpless. Aside from Rohypnol, any drug can be used in a sexual assault, including alcohol, marijuana, Ecstasy, such as GHB and Ketamine.

What Should I Do If I am Falsely Accused of Date Rape in South Carolina?

Some prosecutors side with the false-accuser even after the evidence clearly reveals that the claim is false, believing it could be an honest mistake or a difference of opinion regarding consent. Moreover, prosecutors and police do not want actual rape victims to fear possible criminal sanctions for reporting legitimate rapes if it later becomes impossible to prove the case. As a result, very few false claims are ever prosecuted criminally.

Even though you have been accused and exonerated, the consequences of a false report of date rape can be devastating to your life. The mere suggestion that a person has been involved in this horrifically violent crime is enough to convict in the court of public opinion. Additionally, felony websites that feature arrest mug shots and identify charges, can ensure that is nearly impossible for a wrongfully accused person to protect their reputation. This can have life changing effects and could lead to loss of employment opportunities, public ridicule, and emotional harm.

Date rape is not merely a “he said/she said” felony crime. If you have been wrongfully accused of date rape or another sexually based crime, you will need a confident, experienced attorney. Not only will you need assistance in clearing your name in the criminal matter, you may need help pursuing remedies against the wrongful accuser.

The Deaton Law Firm will aggressively challenge any false accusation of date rape. This is not to diminish the horrific effect of this violent crime, however, if you have been wrongly charged with date rape, contact the Deaton Law Firm.

 

 

 

2018-05-24T10:56:17+00:00 June 26th, 2017|Criminal Defense|0 Comments