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.