Minnesota law defines date rape as forcible sexual contact during a voluntary social engagement (such as a date) in which a person does not intend to engage in sexual activities and resists the contact.
The victim does not necessarily have to reject or physically object to the advance to demonstrate lack of consent. In Minnesota, a victim intoxicated by alcohol or drugs is incapable of giving legal consent. So if a woman has had 11 tequila shots in two hours, she is likely incredibly drunk, and incapable of legally consenting to sex.
Date Rape Drugs
Additionally, date-rape drugs have become more common in the past decade. Some of the most frequently used drugs are:
- Rohypnol (“roofies”)
- Gamma-hydroxybutyrate (GHB)
- Ketamine
These drugs have no taste and can be easily dissolved in a person’s drink. Unless a person is constantly watching their drink, it is very easy for a date rapist to slip them a drug, especially in a dark, crowded bar. Use of drugs makes an individual unable to give consent, lose consciousness, and may even cause death. Date rape may be the most common form of rape, but it is also the most commonly unreported type of sexual assault. Date rape doesn’t need to happen on a date between strangers. It can, and often does, happen between acquaintances and good friends.
Minnesota Date Rape Attorney
The fact that the engagement was voluntary and the parties were acquainted is not a defense in a date rape case, nor is previous sexual contact between the parties.
Date rape is a very serious crime in Minnesota that brings massive fines and jail sentences. A skilled date rape attorney can help you plot a course for defending your case by utilizing drug and alcohol experts and interviewing possible witnesses for your defense.
