DATE RAPE

If the police suddenly appear at your door questioning you about date rape allegations, it is in your best interests to speak with an experienced lawyer as soon as possible. Most sexual assault and rape cases involve conflicting accounts or “he said, she said.” Although there are two sides to every story, the police and the prosecution are often driven to advocate the alleged victim’s side of the story rather than yours. Without a defense lawyer on your side, you may feel like your side of the story has gone unheard or that your words are being twisted by the investigator.

That’s where our team of aggressive date rape defense lawyers at Marcilliat & Mills PLLC, in Raleigh come in. We want to hear your side of the story. We offer experienced criminal defense in sex crimes cases and a free consultation. Call 919-838-6643 today or email our office to schedule a free consultation.

Innocent Until Proven Guilty. Let Us Tell Your Side Of The Story.

At Marcilliat & Mills PLLC, we have defended against false accusations of date rape. A consensual sexual encounter does not become a sex crime simply because one person regrets his or her actions a day later. We will meticulously review every piece of evidence in order to build an effective defense strategy that protects your rights and your future.

Alcohol, Drugs and Date Rape Allegations

Most people who have been charged with date rape contend that the victim fully consented to any sexual activity. However, alcohol and drugs can seriously impair judgment and make it impossible to provide legal consent. Our defense lawyers understand the law related to consent in North Carolina and we know what the prosecutor must establish to prove guilt in a date rape accusation. We consider the following:

• Alcohol: Was the accuser under the influence of alcohol? Were you aware of his/her intoxication? Alcohol is considered as much of a date rape drug as other more well-known substances.
• Drugs: An individual who is under the influence of illegal drugs, such as marijuana, may lack the ability to consent to sexual activity. Neither non-verbal communication nor lack of resistance constitutes legal consent.
• Date rape drugs: If an individual has alleged date rape, he/she will be tested for known date-rape substances, such as Rohypnol, Ketamine, GHB or Xanax. If the test is positive for any known date rape drug, you can count on a warrant to search your home or car for more evidence of drugs.

Even when you know you did not do it – you did not commit rape – you need an experienced sex crimes defense lawyer on your side to tell that to the police, the prosecutor, the judge and even the jury. With the increased visibility of sex offenses, especially those involving members of the military, there is substantial pressure on prosecutors to get guilty pleas or verdicts in date rape cases. Don’t go into this fight alone.

We Fight for Your Rights ∙ Get Your Day in Court

The prosecutor is looking for evidence that will prove the case against you. As your defense lawyers, we will search for evidence, witness testimony, DNA samples, and other information to show that you are not guilty. Just because you were at a party with an accuser, at a rave, or having a few cocktails with an alleged victim does not make you a date rapist. We will fight to have any illegally obtained evidence suppressed — including improper confessions or evidence from an illegal search. We will address every angle of the case to ensure that your rights are protected and your interests preserved.

When the Police Come Calling, Call Us

If you have been arrested, charged, or even questioned about an alleged date rape incident or any other sex crime, you should strongly consider speaking with an attorney. Contact our offices in Raleigh for experienced and aggressive statewide criminal defense representation.