Aside from clearly non-consented sex, this may be a case where you reasonably believe there was “consensual” sex, only to be accused by the sex partner of misunderstanding true desires and committing the sex act against her wishes. Criminal penalties for rape are severe and very often the alleged “victim” is given every benefit of doubt as to any misunderstandings over whether or not the sex was consensual. On January 06, 2003, the California Supreme Court defined rape as continued sexual intercourse after the partner demands for it to stop. Hence, a withdrawal of consent nullifies any earlier consent and subjects a defendant to forcible rape charges if he persists in what now will be deemed non-consensual sexual intercourse.
If you call us as your date rape defense lawyer, even if this is “non-consensual” sex in which physical force or a date rape drug such as Ecstasy or Ketamine was used to overcome the resistance of an unwilling participant to the sex act, we will look for extenuating or mitigating circumstances and assert appropriate defenses as well.