Date Rape

The term “Date Rape” mainly refers to the non-consensual sexual encounter between two persons who are platonically or sexually involved. This type of sexual activity is characterized by the relationship of the involved parties wherein they range from either personally acquaintances or couple sharing mutual relationship yet, the sexual encounter is not consensual thus, making it an offensive or forced will. In particular, this type of sexual assault often occurs during an event of social interaction hence connoting its name as date rape.

Due to the nature and characteristics of date rape, prosecuting these cases in judicial systems are complicated mainly because it is hard to prove the assault and forced issue in the case. As such, it is important to understand the nature of this sexual assault case to determine the qualification of this offense and apply measures to avoid falling into this unfortunate encounter. Nature of Date Rape In the legal perspective, date rape is different from other types of sexual assault mainly based on the elements involved in the determination of this incident.

An important factor that classifies this type is the social interaction activity, which preceded the assault encounter. Second, is the non-consensual element wherein the victim must have displayed resistance towards the sexual activity mainly through physical attributes. Another is the forceful will of the assailant against the resistance of the victim. Another is the presence and use of drugs or alcoholic medium to incapacitate the victim making the said party weaker against the sexual assault.

These factors are important to the prosecution of date rape cases wherein sufficient evidences must be given to prove concretely the presence of these elements thus, determining the sexual assault nature of the encounter. Types of Date Rape Drugs Prosecution of date rape cases often involves the presence of drugs to incapacitate the victim in protecting his or her interest against the sexual assault. The intervention of this medium mainly establishes the assailant and the victim in this encounter in relation to their physical attributes and the effect of the said drug used.

Among the commonly used drug for date rape cases are flunitrazepam, temazepam, midazolam, and ketamine, which render the victim unconscious and neutralize memory for the event. Above all, alcohol influence is still the commonly involved medium for these cases as this renders the victims incapable of physical resistance, holding consciousness, and sometimes logical reasoning. According to reports, such substances were applied in different date rape cases examined through statistical examinations. The cases examined are shown in the diagram that follows: (source: http://images. google. com. ph/imgres? imgurl=http://www.

stopviolence. com/images/rapestats. gif&imgrefurl=http://stopviolence. com/rape. htm&h=320&w=442&sz=13&hl=tl&start=1&tbnid=yBRJt1IWNsfkcM:&tbnh=92&tbnw=127&prev=/images%3Fq%3Ddate%2Brape%2Bstatistics%26gbv%3D2%26hl%3Dtl%26sa%3DG. ) The Victim/Offender Relationship The case of date rape is also determined based on the relationship between the assailant and the victim before the incident occurred. As the term entails, the incident occurred after or during a social activity encounter thus, the parties involved are sharing a social relationship whether being personal acquaintances, friends, mutual partners and others.

However, regardless of the mutual relationship, the sexual encounter is still non-consensual or has not been permitted by the victim yet still forced by the assailant. As such, the case becomes a forced sexual activity between people sharing social relationship with a certain degree of familiarity. Assailant Perception and Victim Determination The classification of the parties involved in a date rape incident is mainly defined by their forced desire and resistance will.

Gender for this matter is often not an issue as some case involves a male being the victims. In the prosecution of these cases, victims are mainly established based on two factors namely, their resistance particularly displayed through physical attributes such as fighting and fleeing, and their incapacitated condition due to drugs or alcohol side effects. The assailant on the other hand commonly defend based on the argument that the claimed victims displayed consensus regarding the sexual act and that he/she even enjoyed the encounter.

As such, the social view regarding the victim wherein he/she is only interested on the financial settlement of the case often makes the prosecution of date rape complicated. Legal Views and Prosecution In the prosecution of date rape cases, the condition and opinion towards the victims is important wherein the said party must be shown to be weaker than the assailant in order for the assault to be possible. In other views, the presence of drug to incapacitate the victims must also be established in order for the legal system to acknowledge the assault element in the case.

However, some factors often influence the case such as the financial matter involved, which establishes the interest of the victim towards the settlement of the case. Another is the sexual angle towards the victims wherein it is important to establish that the victims, on one point or another, is not interested on having a sexual encounter with the assailant. This includes the sexual attributes of the case and the logical and ethical capacity of the parties in whether engaging or resisting to the sexual act.

However, proving and contradicting these elements are often complicated thus, adding to the burden in the prosecution of the case. Conclusion In general, the legal aspect of date rape cases are often complicated and strenuous for both parties whether charging the assailant with the crime or defending the innocence of the other. Numerous social factors and opinions often complicate and contradict the elements in the case namely the degree of social involvement of the parties, the evidences to prove either the consensus or non-consensus nature, the presence of drugs or alcohol, and the resistance of the victim.

As such, it is more important in this aspect to avoid prematurely these encounters rather than having the burden of its prosecution. Engaging in sexual activities between couples must be avoided during initial social encounter. Couples must make it a point to do only this act if only they have trust and confidence on their partner build over time of their relationship. Doing so will negate unfortunate results due to unknown characteristics of their partner and other hidden motivation.

Another is having safety measures while engaging in social activities to protect the interest of the person such as doing the encounter in social places, checking for the presence of drugs and limiting alcohol intake, possessing safety devices such as peppermint spray and portable taser, and others. In general, engaging in sexual activity must be considered critically and should only be done as based on the interest and influence of mutual love, trust, and respect.

References:

Negrusz A; Gaensslen RE. (Aug 2003).”Analytical developments in toxicological investigation of drug-facilitated sexual assault. “. Analytical and bioanalytical chemistry. 376 (8): 1192-7. PMID 12682705.? Rape, Acquaintance Rape & ‘Date Rape’ Drugs. http://images. google. com. ph/imgres? imgurl=http://www. stopviolence. com/images/rapestats. gif&imgrefurl=http://stopviolence. com/rape. htm&h=320&w=442&sz=13&hl=tl&start=1&tbnid=yBRJt1IWNsfkcM:&tbnh=92&tbnw=127&prev=/images%3Fq%3Ddate%2Brape%2Bstatistics%26gbv%3D2%26hl%3Dtl%26sa%3DG.. (March 14, 2008).