Key Issues in Los Angeles Date Rape Cases

Date rape is a deeply traumatic experience that can leave victims struggling with anxiety, depression, and isolation for years afterwards. There are substantial misunderstandings and myths surrounding the topic of date rape, which makes victims feel even more alone as they face their trauma. Unlike assault involving strangers, date rape often happens between those who already know each other. It may occur on a date, at a party, or in another social setting. These distinctions may leave victims struggling to recognize what they’ve been through and unable to ask for help.

If you or someone you love has been a victim of date rape in Los Angeles, you have legal options. Learn more about your rights and next steps now by calling Taylor & Ring today.

What to do immediately after date rape: a step-by-step guide

Victims have rights and may be able to hold assailants accountable, but a lot depends on what happens in the immediate aftermath of rape. Your health and safety come first, and these steps ensure that you prioritize your wellbeing.

• Get to a safe place: If you’re in immediate danger (for example, if the assailant is still nearby), call 911 and take steps to protect yourself. Otherwise, go somewhere you feel safe. You’ve been the victim of assault and you need support. You can go home, to a trusted friend’s house, or to the hospital.
• Preserve evidence: This part can be very difficult for victims, as they often feel an intense need to feel clean after such a serious violation. If possible, though, avoid showering, bathing, or brushing your teeth. Keep the clothes you were wearing at the time in a paper bag. Save anything related to the incident, such as text messages, phone call logs, or photos.
• Seek medical care: A SANE exam (administered by a Sexual Assault Nurse Examiner) can help gather necessary evidence, check for injuries, and get you access to STI testing and emergency contraception.
• Consider different reporting options: Reporting a crime can be extremely challenging for victims, especially those who have found the police unhelpful in similar situations in the past. Some reporting options, such as hotlines or campus resources, may allow confidential or anonymous disclosures (law enforcement investigations generally require identifying information to move forward).

Debunking 7 dangerous myths about date rape

Misconceptions about date rape are enough to keep survivors from ever coming forward. We dispel those myths below.

• Myth: If someone doesn’t say no, they consent. Under California state law, affirmative consent is required. That doesn’t mean just the absence of a no, it means a very clear and voluntary yes. While this doesn’t require a verbal yes, it does require some obvious indication of consent.
• Myth: Date rape only happens between strangers. Date rape is differentiated from other forms of rape in that it involves someone the victim knows – a romantic date, friend, college, or acquaintance in most cases.
• Myth: A victim is partially to blame if they were drinking. People can choose to drink without consenting to sexual activity. Blame lies with the perpetrator, not the victim.
• Myth: Changing your mind partway through doesn’t mean anything. Consent is ongoing; if an individual changes their mind partway through, the other party must stop.
• Myth: If a victim doesn’t fight back, it’s not rape. It’s normal for the mind to shut down or freeze when experiencing trauma. A lack of physical resistance isn’t equal to consent.
• Myth: Not reporting it right away means your legal options are gone. California has eliminated the statute of limitations for many rape cases, particularly for offenses committed more recently. For older cases, different rules may apply depending on the date of the offense and other factors.
• Myth: If you’re not injured, there’s no point in reporting. Many rape cases don’t involve obvious physical injury, but that doesn’t change the fact that the victim was violated.

From report to resolution: navigating a date rape case in Los Angeles

If you choose to pursue legal action after date rape, understanding the process may help you feel less anxious and feel more confident as you stand up for yourself. A California date rape attorney can also help you better prepare for this process.

After you report the rape to the police, law enforcement may start collecting evidence, interviewing witnesses, and working with prosecutors to determine the strength of their case. Criminal charges are intended to hold the perpetrator accountable through the criminal justice system. Consequences for a criminal conviction include possible prison time, placement on the sex offender registry, and financial penalties.

Civil vs. criminal paths

In addition to (or instead of, if you choose) a criminal case, you may also seek justice via a civil lawsuit. Civil cases focus on compensation and help victims recover damages for medical expenses, therapy and counseling, lost income, pain and suffering, and mental trauma. The standard of proof is lower in a civil case than in a criminal case, so it may provide closure for victims when prosecutors choose not to pursue criminal charges.

The role of victim advocates

Survivors of sexual assault often struggle to advocate for themselves or take the first steps toward justice. Victim advocates are typically not attorneys, but they can explain parts of the legal process, help a victim find counseling and other resources, and assist with paperwork. They may also attend court hearings to provide emotional support. However, if you want to seek compensation via a civil lawsuit, you’ll need to speak to a date rape attorney.

You are not alone – help is available

If you’re a victim of date rape, you do not have to navigate this challenging time alone. The team at Taylor & Ring is here for you. Call us today or reach out online to discuss your situation with one of our attorneys. We’re here to help as you demand justice and closure.