You should not take date rape charges lightly in Virginia. Even if you believe that prosecution has no case, remember that you have a right to legal advice and representation. At no point is hiring a lawyer an admission of any type of guilt. 

Date rape convictions are based on evidence — toxicology reports, alleged victim testimony and various other statements and test results. Convictions are not based on what the police think. In fact, after the initial clerical work is complete, the prosecutor is the one with the power to pursue or drop charges. 

Prosecutors, much like police officers, are not on your side. They may say that date rape charges often lead to convictions. They may tell you that you only have certain options. Keep in mind that these state representatives are acting in the interests of their office — they are not advising you on the way to best minimize the consequences of your charges. 

As mentioned on FindLaw, just having a pre-existing relationship with someone is probably not a good defense for a date rape charge. However, you may be able to use other arguments to effectively reduce your charges or persuade the prosecuting attorney to drop your case. 

As implied above, the key is often using the evidence. A thorough review of your case may show weaknesses in the alleged victim’s claim. It may uncover violations of personal rights that made certain articles inadmissible. 

The prosecutor would generally not want to waste the court’s time on an unwinnable case. However, any statement you make without a full understanding of the possible consequences could contribute to the strength of the prosecution’s position. Please remember that this article is only background information. It is not meant as legal advice.