Understanding Date Rape, Acquaintance Rape, and Marital Rape

Date rape, acquaintance rape, and marital rape are serious crimes that can have devastating impacts on victims. This article provides an overview of these types of sexual assault, legal definitions and precedents, defenses that can be used, and the implications of being charged.

What is Date Rape?

Date rape is a form of acquaintance rape and refers to a sexual assault that occurs between two people who are dating or know each other socially. It often involves the use of drugs or alcohol to incapacitate the victim so they cannot consent.

According to RAINN, 734,630 people were victims of date rape in 2018 in the United States[1]. Date rape is especially common on college campuses, where nearly 50% of college sexual assaults occur on dates[2].

What is Acquaintance Rape?

Acquaintance rape (or non-stranger rape) refers to a sexual assault perpetrated by someone the victim knows. This could be a friend, classmate, co-worker, employer, neighbor, etc. Acquaintance rape accounts for approximately 70% of all reported rapes[3].

What is Marital Rape?

Marital rape (also called partner rape or spousal rape) refers to non-consensual sex that occurs between married or cohabiting partners. For a long time, many legal systems did not consider marital rape a crime since marriage was seen as granting unconditional sexual consent. However, marital rape has been illegal in all 50 US states since 1993[4].

An estimated 10-14% of married women experience rape by their husbands, which means there are likely hundreds of thousands of victims annually in the US[5].

Date Rape Drugs

Date rape drugs are used to incapacitate victims and prevent them resisting sexual assault. Common date rape drugs include:

• Rohypnol (“roofies”): A strong sedative banned in the US but used illegally. Causes memory loss.
• GHB: Also known as liquid ecstasy. Causes euphoria, drowsiness, and memory loss.
• Ketamine: An anesthetic that causes hallucinations and memory loss[6].

These drugs have no color, smell, or taste, so can easily be slipped into drinks. They take effect in about 10-20 minutes and effects last for several hours.

Legal Definitions and Precedents

• Marital rape was first criminalized in the US in the 1970s. By 1993, all 50 states had made marital rape illegal[4]. However, in some states it is still treated differently to non-marital rape. For example, it may carry lesser penalties or require extra evidence like violence.
• Prior to the late 20th century, the legal definition of rape required evidence that the victim physically resisted. Now, rape is legally defined as sex without consent, regardless of physical resistance.
• To prove date or acquaintance rape, the prosecution must show the victim did not consent and the defendant should reasonably have known there was no consent.
• Courts have ruled that silence or passivity do not equal consent. Consent must be actively, willingly, and voluntarily given.

Common Defenses in Date and Acquaintance Rape Trials

• Intoxication: The defendant argues they were too intoxicated to know the victim was not consenting. However, voluntary intoxication is not a defense against rape charges.
• Mistaken belief the victim consented: Defendants may claim they reasonably believed the victim consented. However, a mistaken belief must be reasonable – simply assuming consent is not a defense.
• Victim didn’t say no or fight back: Courts have ruled that rape victims freezing in fear does not equal consent. Victims are not required to physically resist.
• Blaming the victim: Suggesting the victim’s behavior or clothing implied consent, or that they were “asking for it”, is not a legal defense. Rape is always the perpetrator’s responsibility.
• Victim has consented before: Previous consent does not imply permanent ongoing consent. Consent must be given every time.
• Marital rape exceptions: In states where marital rape has exceptions, defendants may claim their case meets the criteria. However, there is a general trend towards eliminating marital rape distinctions.

Implications of Rape Charges

The implications of being charged with date, acquaintance, or marital rape are severe:

• Date and acquaintance rape are felonies, often attracting long prison sentences if convicted. For example, in California acquaintance rape carries 3-8 years imprisonment.
• Those convicted of rape often have to register as sex offenders. This restricts where they can live and work.
• The social stigma of being a convicted rapist is huge. It makes finding employment very difficult.
• The financial costs of legal defense can be enormous, even if the defendant is acquitted.
• Victims can file civil suits for damages even after criminal cases. Large civil penalties may be awarded.
• Immigration status can be impacted if the perpetrator is a foreign citizen or permanent resident. Deportation is possible.
• Custody of children may be affected if the rape occurred within a marriage.
• The emotional trauma of being charged with rape, even if acquitted, can be severe.

How Can Date and Acquaintance Rape Be Prevented?

While the perpetrators are always responsible for rape, there are some things we can all do to help prevent date and acquaintance rape:

• Men should be very conscious of consent. Make sure any sexual activity is actively consented to, not just assumed. Consent can be withdrawn at any time.
• Do not pressure dates to drink alcohol. It impairs judgement for everyone.
• Watch drinks at parties and never leave them unattended. Unfortunately, drink spiking is a real risk.
• Have a buddy system with friends on nights out. Make sure everyone gets home safely.
• Trust your instincts. Leave any situation that feels unsafe or coercive.
• Speak up if you hear rape jokes or victim blaming. A culture of consent and respect needs to be fostered.

Conclusion

Date rape, acquaintance rape, and marital rape are serious crimes with devastating impacts on victims. Clear consent is absolutely mandatory for any sexual activity. We all have a role to play in preventing rape and supporting victims in our communities.

References

1. RAINN Statistics
2. The Hunting Ground Documentary
3. Acquaintance Rape Facts and Information
4. Marital Rape Laws Globally
5. Berger, Ronald J. “The historical development of marital rape laws.” Victims and offenders 11.3 (2016): 370-382.
6. Date Rape Drugs