Michigan Date Rape Laws – Date Rape Defense Attorneys
The Kronzek Firm PLC is an elite group of attorneys with extensive training, experience and courtroom skill. We defend every type of sex crime in Michigan and Federal courts. If you aware of allegations being made regarding you or a loved one, we offer a free, immediate and confidential consultation.
Terms such as “Date rape” and “Statutory Rape” are not really a legal term in Michigan. Both are covered by Michigan’s Criminal Sexual Conduct laws. Date rape is a term commonly used in our culture to describe sexual activity that occurs when the victim is alleged to be mentally incapacitated due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. There are a number of common “date rape” drugs that are used to incapacitate people. Mental incapacitation, as defined under Michigan’s sex crime laws, is a temporary state. This is in contrast to victims who suffer from long-term mental illness or disability. The pivotal issue is the fact that Michigan law prohibits sexual touching, intercourse or any other penetration with a person who is not capable of giving consent.
The typical date rape scenario heard in the media is when a man slips a date rape drug in a woman’s drink and then rapes her. In Michigan and across the US, common date rape drug are GHB, GBL, and “Roofies.” These drugs make a person temporarily mentally or physical helpless. If the person is unconscious, confused about what is going on, asleep, or unable to say “no” in any way during a sexual encounter with them, this might result in a suspect being charged with a violation of Michigan or federal law.
The presence of a mentally incapacitated victim often results in higher potential penalties for those defendants convicted of sexual offenses. Michigan legislature has determined this situation to be an aggravating factor justifying more serious charges. Prosecutors in Michigan take it very seriously when a defendant is accused of sexually assaulting a victim who the defendant knows to be mentally incapacitated. Typically, defendants would be charged under Michigan’s criminal sexual conduct (CSC) laws. Depending on the degree of CSC offense charged, a defendant can face up to life in prison.
The Kronzek Firm Attorneys can Make a Difference
If you or someone you know has been charged with a date rape offense, don’t despair, you need our help immediately. Just because a defendant is charged with a date rape offense does not mean they will be convicted. An early intervention by a skilled trial attorney will lead to the best solution. Don’t delay. Also, granting an interview to police is often damaging. You should talk to one of our attorneys before you talk to a detective.
Consult with one of our attorneys immediately: 866-7-NoJail.