Date Rape Defense

"I thought it was consensual." "We were drunk." "She said yes."

Many people who face sexual assault charges for date rape/acquaintance rape never meant to harm anyone. The feelings of betrayal and fear can be overwhelming, especially for college students and other young adults facing the criminal justice system for the first time.

Our law firm, Nicholson, Gansner & Otis, S.C., has an outstanding reputation for defending people facing difficult charges and even more difficult times. We know these are sensitive cases and we will handle your defense with the discretion and compassion it deserves. For years, we have fought for the "underdog" — good people caught in bad situations.

I'm Accused of Date Rape. What Charges Do I Face?

Date rape is one of the more confusing crimes. In Wisconsin, prosecutors typically charge date/acquaintance rape as a second- or third-degree sexual assault crime.

Second-degree sexual assault: You can be charged with this crime if you did not have consent and:

  • Had sex with someone who was under the influence of drugs or alcohol and was unable to understand his or her circumstances
  • Used a date rape drug
  • Threatened or used force or violence
  • Had sex with an unconscious person

Third-degree sexual assault: Sexual assault in the third degree is sexual intercourse without consent.

While your actions may not have seemed to be as bad as other serious crimes, you can face up to 40 years in prison and a $10,000 fine for date rape. Your actual sentence will depend on several factors, including the facts of your case, the judge/jury and your defense lawyer's ability.

Exceptional Trial Lawyers. Winning Results.

Our attorneys are respected throughout the Madison and Wisconsin legal communities for their trial know-how and passion. We know that date rape cases can turn on just one person's testimony. That is why we will work with a network of experienced investigators and experts to uncover facts, go through those facts with a fine-toothed comb, and present a compelling case to the prosecution, judge and jury.

But don't take our word for it. Instead, read what our past clients have to say and then contact us for a free 30 minute initial consultation by calling 608-620-0018 or sending us an email.