Nowadays, discussing romance without mentioning dating apps is next to impossible. These apps connect parties with shared values and interests. However, the rise in dependence on these apps has led to a worrying trend. Sometimes dating apps result in legal complications, one of them being rape charges.
Not everyone you meet online is who they say they are. Most fabricate their profile and lie about their background, credentials, and age for selfish interests. Contact an experienced attorney if you are charged with an online dating crime. A lawyer can help you build a convincing defense.
Dating App Hook-Ups Come With Several Dangers
Perhaps you have considered online dating, and understandably so, mainly if work or other engagements have made you extremely busy to get out there and mingle with new people. Thanks to dating apps, meeting new faces has been made easier with just a single click of the button, and while at it, you might meet your love partner. While navigating dating apps, you are highly likely to access several profiles and match with people who have similar interests as you. Once you match, you can begin talking and arrange a hook-up. That is how simple finding a partner via a dating app is.
However, the most challenging step is verifying the identity of the individual you are talking with. People using dating apps might provide false information regarding themselves, including sharing falsified or outdated images. That way, verifying your partner's identity will be difficult, even when the platform has enforced strict verification measures.
Your initial interaction with a person you met on an online dating app generally entails virtual conversations, permitting you to acquaint yourselves digitally. However, complications might arise at your first physical meeting and other hookups or interactions after that, mainly if your relationship has advanced to a more intimate level.
These days, some online dating apps might entice users with same-day hook-ups, leading to few online interactions beyond shared interests in sexual fulfillment. The parties cannot meet one another and learn anything about the other in just a few minutes. These kinds of apps are highly likely to have more sexual predators and offenders signing up, and despite law enforcement frequently shutting down such apps, they persistently resurface in different forms.
Unfortunately, the anonymous nature of dating sites is exploited by sex offenders and scammers. They use these apps to trick unsuspecting individuals into falling for their lies. To minimize the risks linked to meeting people via dating sites, consider implementing these measures:
- Always meet in a public place. Also, it is critical to let someone know that you plan to meet your online date
- Do not leave beverages, food, or personal effects unattended
- Do not ignore your gut feelings. Should you sense that something appears strange or if you become uneasy, end your meeting immediately
- Your safety should come first, so do not share your personal details or address.
- If you feel you are in danger, contact law enforcement immediately.
Still, some initial meet-ups might go well, mainly if you and your partner have been honest with one another from the beginning. However, you should always ask yourself what will happen if you find out your partner lied or vice versa.
Consent to any sexual activity is crucial. If a person refuses to consent, you want to respect that. Engaging in non-consensual sexual activity can trigger severe consequences, including possible rape charges.
Possible Accusations You May Face
When it comes to online dating, the element of age matters a lot, mainly because the dating involves sexual encounters. Merely depending on the details a person provided in their dating profile, whereby they allege to be eighteen years or older, will not vindicate you of culpability for possible statutory rape charges, that is, if their actual age is below eighteen.
Per California 261.5 PC, it is against the law to have sex with a child. Note that in statutory rape cases, claiming the child agrees to the intercourse is not a defense. That is because children are considered incapable of lawfully consenting.
Although dating apps strictly allow only grown-ups to sign up, minors find ways to infiltrate them. In many cases, they sign up with fabricated credentials. You may think you have arranged a hook-up with a grownup, yet it is just a child. Thus, when meeting physically, it becomes essential to demand proof of actual age if the person with whom you are going to meet claims to be over eighteen.
However, you may have had a reason to believe the person you met was over eighteen. In this case, you could argue the reasonable belief defense. Practically, telling the precise age of someone aged fifteen to twenty-five is usually challenging. Their appearances alone are not enough to determine their exact age.
Even though the reasonable belief defense could be legitimate, you must persuade the jury that any sensible adult would have believed your partner was above eighteen, as you did. That said, you cannot only rely on your partner's appearance to argue your case. You must assert other reasons that led you to believe the person was above eighteen.
Also, the prosecution may accuse you of the more serious crime of rape. Rape is described as engaging in sex with someone without their permission and using force or threats. This is irrespective of how old that person is. If you engage in sexual intercourse after you have been out drinking and dining, your partner might be too drunk to consent to the act. California statute requires that a person affirmatively consents to sexual intercourse, and someone impaired by drugs or alcohol cannot lawfully provide that kind of consent.
You could also be accused of sexual assault. Under California law, the crime of sexual assault comprises such acts as touching another person's intimate parts without their permission to achieve sexual gratification, abuse, or arousal. Even the act of foreplay could cause legal consequences.
Acknowledging and respecting individual boundaries is critical in the online space. Failure to do so could lead to you facing criminal charges per PC 653m and 646.9. California 646.9 PC criminalizes stalking. In legal terms, stalking is described as repeatedly following, harassing, and threatening someone else. California PC 653m provides that sending repeated, obscene, or threatening messages intending to annoy or anger the recipient is unlawful.
Avoid repeatedly sending unsolicited messages when seeking a partner on an online dating app. Respect people's privacy settings, and never pressure potential partners you talk with into doing something that does not sit well with them.
Possible Consequences You Could Be Subject to After Conviction
The penalties for violating the statutory rape law depend on the age difference between the parties involved. A person who is less than three years older than the involved victim could be subject to misdemeanor charges, resulting in a possible fine that does not exceed one thousand U.S. dollars and up to 12 months in prison.
If the defendant is more than three years older than the victim and above twenty-one while the involved victim is sixteen years or younger, the crime will be considered a felony. In this case, the consequences will include a court fine not exceeding ten thousand U.S. dollars and between sixteen months and four years in custody.
Rape is deemed a straight felony, carrying eight, six, or three years in incarceration. The prison term could be enhanced to thirteen years when the supposed victim is below fourteen years. You could also be subject to eleven years in prison if the victim involved is between fourteen and seventeen years old. Furthermore, persons found criminally liable for rape are required to follow the sex offender registration requirement for life.
Stalking is a wobbler offense. That means the prosecution can press misdemeanor or felony charges based on the facts surrounding the case and the defendant's criminal history. A misdemeanor conviction carries a jail sentence not exceeding 12 months, while a felony conviction carries a period not exceeding five years in prison. Criminal charges under Section 653m of the Penal Code may lead to a jail term not exceeding six months.
Avoiding Tinder Rape Accusations After a Hookup
Today, people primarily take precautions not to be victims of rape and other sex crime charges. Unfortunately, false claims occur, and anything happening without public knowledge can be turned against you. Thus, avoiding confusion and being a false accusation victim is prudent.
If you are unfamiliar with the party you are hooking up with, do not assume their intentions are good. Whenever you meet somebody on an online dating platform like Tinder, you usually do not have many things to say to each other apart from the details you have viewed on their online profile. Therefore, be very observant. You could expect problems by being on the lookout for warning signs and avoiding meetups when:
- You or your date are under the influence of drugs or alcohol
- Your date shows signs of emotional distress or mental health disorder
- There is a possibility of blackmail
Another thing you must keep in mind is whether your date showed instability or their previous relationship was on and off. At times, damaging allegations arise when a person attempts to hide infidelity. Rather than accept they have cheated, they may allege they were raped or assaulted.
Handling Wrongful Accusations After a Meetup With an Online Date
Even though it is rare, wrongful allegations of rape occur. Should you be subject to these accusations after your first hookup from an online dating app, it is critical to comprehend the importance of expert legal counsel.
Firstly, it is paramount not to make any statement without a lawyer present. Any word you utter could be argued against you if the case goes to court. Do not speak to police officers or other investigating officials regarding your case if your lawyer is not with you.
Proving Your Version of the Date Occurred
Should you find that you need to verify your account of the date, demonstrate that the other party gave consent, or otherwise establish your innocence, the following are some of the steps to take:
- Keep all potential evidence—if you and the accuser met on an online dating platform, there might be messages to strengthen your defense. This may include messages showing that your encounter with the accuser was entirely consensual or that the victim intended to make false accusations against you. Keep any physical evidence or digital communication, such as videos, photos, app messages, emails, text messages, et cetera.
- Do not contact the victim—seize contact with the victim, ghost them, et cetera. And even though you may be tempted to talk about the matter with the accuser, refrain from doing so, as it will only worsen things.
- Identify eyewitnesses—if someone else or other people saw you interacting with the alleged victim, it is critical to look for them. They may be capable of providing statements or testifying in your favor.
- Cooperate with your lawyer—being completely truthful with your lawyer is critical. The lawyer is on your side, and any information you give can help them build a solid defense.
- Understand the entire process—the crime of rape is a severe one, and being charged can cause serious legal consequences, as we have seen. Your lawyer will assist you in understanding the charges you face, the prosecution's evidence against you, possible defenses, the odds of plea bargains, and the possible sentence upon a conviction.
- Consider the flowing narrative—since sex crimes associated with dating apps would make interesting stories, allegations can attract attention from the media. Your lawyer can help you manage this. However, be ready for the likelihood that your name will be in the news. Avoid speaking to the press without consulting your lawyer.
- Remain calm and patient—the criminal process can sometimes be slow. Your attorney may also take much time to collect all the necessary evidence and information and investigate. It might take time for court hearings to end.
- Stay away from social media—do not post anything associated with your situation on Facebook, X, Instagram, or any social media platform. Consider not being active at all on social media while your case remains unresolved.
- Prepare for trial—preparing yourself in case your case goes to trial entails understanding the accusations against you, reviewing the evidence, assembling your defense, and rehearsing your testimony.
What Do You Do After Wrongful Accusations?
Despite being careful and taking precautionary measures, innocent individuals are wrongfully accused of rape more than is imaginable. It may be a big shock if you face accusations after a date or two with somebody you hooked up with on Grinder, Bumble, Tinder, or any other online dating app. However, remain calm and do not panic.
There are steps you can take to increase your odds of avoiding prosecution. They include the following:
- Do not try contacting the victim
- Avoid talking about the occurrence with anybody, including law enforcement
- Collect any evidence, such as meal, movie, and parking receipts
- Make a chronology of your meetings and conversations with the supposed victim
- Save or document any communication from the supposed victim and all interested parties
- Contact a skilled defense attorney as quickly as possible
Never Try Proving Innocence Independently
Usually, police officers only act on a criminal case when evidence of criminal activity exists. However, this is not always true, and at times, innocent individuals are accused of rape or sexual assault.
Avoid handling these accusations alone. Any statement you give the authorities could be used against you in court. Invoke your legal right to remain silent. Doing so may help your defense strategy significantly.
You might think you could quickly resolve wrongful allegations by telling law enforcement your account of events or confronting the alleged victim. In many cases, whatever you say will only give the prosecution more evidence to use against you.
Find a Santa Ana Criminal Attorney Near Me
Online dating sites have taken social interactions to a new level. However, in this digital era, false accusations after online dating meetups are on the rise, and it is a sad reality. These accusations can cause severe legal repercussions, including damaging reputations and permanently ruining professional and personal lives. However, all is not lost. You have the legal right to legal representation if you are in a similar situation. A skilled defense lawyer will understand your situation, create a compelling legal defense strategy, and help you obtain the best possible outcome.
At Darwish Law, we boast extensive knowledge and expertise, helping thousands of individuals in Santa Ana with legal matters related to online dating app relationships. Our strategy entails strongly advocating for our clients and working with them to determine the best approach for positive results. We understand the intricacies of the law and are devoted to safeguarding your rights. Contact us at 714-887-4810 for a complimentary consultation if you are subject to relationship-related legal problems. We will discuss how to tackle these issues together.