Date Rape Attorney in Raleigh
Were you arrested or do you believe that you could be under investigation anywhere in the Research Triangle area for alleged date rape? Even if you know that you are completely innocent, you should still refuse to say anything to authorities until you have legal representation.
The Coolidge Law Firm aggressively defends clients accused of sexual offenses in communities all over Wake County, such as Raleigh, Knightdale, Apex, Holly Springs, Garner, Fuquay-Varina, Cary, and many others.
Raleigh criminal defense attorney David Coolidge also helps students at many different colleges in North Carolina, such as Shaw University, North Carolina State University, Meredith College, and Duke University. He can review your case and answer all of your legal questions when you call to receive a free initial consultation.
Lawyer for Date Rape Arrests in Raleigh
When a rape is committed by a person that a victim knows, it is referred to as acquaintance rape. An increasingly common form of acquaintance rape is date rape, which often refers to rape committed by a person who had a romantic or sexual relationship with the alleged victim.
Date rape, however, is also a phrase that is used to describe a rape involving alcohol or drugs—instances that are also referred to as drug-facilitated sexual assaults (DFSAs). Date rape allegations are especially common on college campuses in the United States. Colleges, Universities, and other institutions of higher learning take these allegations seriously. Law enforcement agencies and local district attorney offices have made allegations of date rape a top priority.
North Carolina Date Rape Information Center
- Which kinds of drugs are usually involved in date rape allegations?
- What are the consequences of being convicted of date rape?
- Where can I learn more about date rape in Raleigh?
Date Rape Charges in Wake County
Rape is a felony offense in North Carolina. If an alleged offender engages in vaginal intercourse with an alleged victim by force and against the victim’s will, he or she will be charged with the Class C felony offense of second-degree forcible rape under North Carolina General Statute § 14-27.22.
When an alleged offender engages in vaginal intercourse with an alleged victim by force and against the victim’s will, and the alleged offense involves either the use or display of a dangerous or deadly weapon, serious personal injury being inflicted upon the alleged victim or another person, or the alleged offender is aided and abetted by one or more other persons, he or she will be charged with the Class B1 felony offense of first-degree forcible rape under North Carolina General Statute § 14-27.21.
In cases of DFSAs, alleged offenders may be accused of employing certain illicit drugs (commonly referred to as “predator drugs” or “date rape drugs”) in order to disinhibit alleged victims. Depending on the case, date rape drugs may be consumed voluntarily or involuntarily.
Some common drugs that have been known to be used in date rape cases include, but are not limited to:
- Zolpidem (Ambien);
- Benzodiazepines (Valium, Librium, Xanax, Ativan);
- Flunitrazepam (Rohypnol or “Roofies”);
- Gamma-Hydroxybutyric acid (γ-Hydroxybutyric acid or GHB); and
- Ketamine (Special K).
Consequences of a Criminal Conviction for Date Rape in Raleigh
The immediate and primary consequence of a conviction for date rape in Raleigh is the prison sentence an offender receives. North Carolina uses a “structured sentencing” method of punishing convicted criminals in which sentences are determined based not only the nature of the criminal offense, but also the gravity of the prior criminal records for the alleged offenders.
Depending on the class of felony an offender has been charged with, a conviction can result in one of three kinds of punishments:
- an active punishment is a sentence that requires a person to be incarcerated in the state prison system,
- an intermediate punishment is a sentence of supervised probation that may include other possible conditions, and
- a community punishment is any sentence other than an active or intermediate punishment.
An offender is also assigned one of six prior record levels based on that individual’s criminal records. Sentence ranges on the felony punishment chart are further staggered into three possible ranges: an aggravated range applies to cases with more aggravating factors, a mitigated range applies to cases with more mitigating factors, and a presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors.
Second-degree and first-degree forcible rape convictions carry the following consequences:
|
Prior Record Level I |
Prior Record Level II |
Prior Record Level III |
Prior Record Level IV |
Prior Record Level V |
Prior Record Level VI |
Class B1 |
Active |
Active |
Active |
Active |
Active |
Active |
Aggravated |
240–300 months |
276-345 months |
317-397 months |
365-456 months |
Life Without Parole |
Life Without Parole |
Presumptive |
192-240 months |
221-276 months |
254-317 months |
292-365 months |
336-420 months |
386-483 months |
Mitigated |
144-192 months |
166-221 months |
190-254 months |
219-292 months |
252-336 months |
290-386 months |
Class C |
Active |
Active |
Active |
Active |
Active |
Active |
Aggravated |
73-92 months |
83-104 months |
96-120 months |
110-138 months |
127-159 months |
146-182 months |
Presumptive |
58-73 months |
67-83 months |
77-96 months |
88-110 months |
101-127 months |
117-146 months |
Mitigated |
44-58 months |
50-67 months |
58-77 months |
66-88 months |
76-101 months |
87-117 months |
Beyond the possible prison time, alleged offenders convicted of date rape can also be ordered to pay significant fines. Additionally, such individuals will also be required upon release from prison to register as sex offenders.
While sex offender registration can certainly impact where a person may be able to live, any kind of rape conviction can also create numerous employment hardships. Felony convictions can also impact firearm possession rights, and some people may be expected to comply with electronic GPS monitoring.
North Carolina Date Rape Resources
North Carolina Rape Crisis Centers | North Carolina Coalition Against Sexual Assault (NCCASA) — NCCASA identifies itself as “the sole statewide expertise working to end sexual violence and human trafficking through education, advocacy, and legislation.” The service organization advocates for the rights of survivors of sexual violence and for those individuals and organizations that assist survivors. On this section of the NCCASA website, you can find a listing of rape crisis centers by county in North Carolina.
Drug-Facilitated Sexual Assault | Rape, Abuse & Incest National Network (RAINN) — RAINN identifies itself as “the nation’s largest anti-sexual violence organization” and claims to have helped more than 2.5 million people since 1994. Visit this website to learn more about DFSAs. You can find information about how perpetrators use drugs and alcohol, how victims can know if they have been drugged, and how to preserve evidence.
The Coolidge Law Firm | Raleigh Date Rape Defense Attorney
If you think that you might be under investigation or you were already arrested in the Research Triangle for an alleged date rape offense, it is in your best interest to exercise your right to remain silent until you have legal counsel. The Coolidge Law Firm fights to protect the rights of individuals in Wendell, Zebulon, Raleigh, Wake Forest, Rolesville, Morrisville, and many other surrounding areas of Wake County.
David Coolidge is an experienced criminal defense lawyer in Raleigh who also helps students at such local institutions of higher learning as North Carolina State University (NCSU), William Peace University, Wake Technical Community College (Wake Tech), and the University of North Carolina at Chapel Hill (UNC).
Call (919) 239-8448 or fill out an online contact form right now to have our attorney provide a complete evaluation of your case during a free, confidential consultation.