The Two Most Common Defenses To Date Rape Charges In Wisconsin

Date rape is considered a sex crime in Wisconsin, which means that date rape charges can result in hefty penalties if a conviction is obtained. These cases are usually very emotional and complex because the two parties generally know one another, and the circumstances surrounding the event require a close look at what is usually a very private part of a person’s life.

There is a tendency for those facing rape charges to feel despair at the thought of defending themselves, but a strong defense should be mounted, or you risk life-altering consequences. Consultation with a sex crimes attorney can help you understand the charges against you and possible defense options, two of which we take a look at below.

Defending Against Date Rape Charges

Wisconsin defines date rape as nonconsensual, forced or unforced vaginal intercourse between two people who know one another. They do not have to be “on a date” for date rape to occur, and they don’t have to have a long history with one another; merely meeting a person at the party that night counts as being acquainted. Victims can be male or female, and date rape can even happen between two people who have previously been intimate with one another. Consent received from a participant who is incapable of providing consent due to inebriation, for example, may also lead to date rape charges.

There are two common defenses to date rape charges in Wisconsin:

1. Unraveling the Accuser’s Motivations. It’s not unusual for our sex crime attorneys to discover that the accuser claimed date rape in order to “get back at” or punish the other person. We see this kind of revenge accusation most often between two people who have been in a relationship that ended badly. In situations like this, we work to prove that the accuser had underlying motivations for making the accusation and that the accusations are not true.
2. The “He Said, She Said” Argument. A conviction for date rape requires proof of guilt beyond a reasonable doubt, but in sex crime cases, the evidence is often a case of “he said, she said” with each side providing their own version of events. Sex crime attorneys will work to poke holes in the accuser’s story and cast doubts on their version of events in order to improve your chances of a favorable outcome.

Fight Date Rape Charges With Help From An Eisenberg Law Offices Sex Crimes Attorney

The sex crime attorneys at Eisenberg Law Offices want you to know that it is possible to mount a successful defense to date rape charges in Wisconsin. The specifics of the defense will depend on your unique situation, but you can be assured that our team will examine every detail and every bit of evidence to create the strongest possible defense for you.