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Law
So-called date rape or acquaintance rape is
still RAPE. The same legal remedies and consequences apply
to the victims and perpetrators of these rapes as apply to
stranger rapes.
Unfortunately, date rapes can be difficult
to prove. A gun or knife is rarely used in these crimes, and
so it is harder for the victim to prove that she was forced
to have sex. Unless a "date rape drug" is found
in the victim’s blood or urine, she may be left with her word
against the perpetrator’s word. The victim has to prove that
she was given the drug without her knowledge, was not able
to resist, and was assaulted, or resisted, and was overpowered.
The decision to press charges in a case of
acquaintance rape can be difficult, but it is important. The
more our courts and communities have to deal with rape, the
more awareness about rape increases. Like those who rape strangers,
date rapists rarely rape only once. Pressing charges may help
prevent other women from suffering a rape. Someone who presses
charges can decide for any reason, at any time, to drop them.
Legal Remedies for Victims
Pressing criminal charges is the first step
most rape victims take, but it is not the only step.
A rape victim – date rape or otherwise – can
usually sue the person who raped her and may receive a monetary
award for damages. The laws of evidence for civil suits are
not as strict as for criminal cases, so a date rape that could
be impossible to prove in criminal court could be successful
in civil court. If the rape took place at a fraternity house
or on the premises of certain other institutions, those organizations
may be financially liable. If the rapist is a minor, the victim
may sue his parents.
Additionally, many colleges and universities
provide avenues within the school to pursue rapists. In many
cases, the victim may file charges within the school, whether
or not she presses criminal or civil charges. Rapists have
been suspended from school for these crimes.
Consequences for "Date Rapists"
Rape laws vary from state to state. In all
states, rape is a felony. Most states impose imprisonment
from 10 to 25 years. Fines of up to $10,000 and restitution
to the victim of costs and losses may also be required.
Federal rape statutes are especially strong.
Rape of a victim who is "physically incapable of declining
participation" in the sex act is punishable by fines
and imprisonment up to 20 years. The rapist does not
necessarily have to be the one who drugged the victim; he
could be just taking advantage of an existing situation. On
the other hand, a rapist who "renders another person
unconscious" or "substantially impairs the ability
of that other person to appraise or control conduct"
faces high fines plus imprisonment up to life.
As previously mentioned, rapists may be sued
and may lose academic privileges or jobs whether or not criminal
charges are pressed.
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