What is Defined as Date Rape?
The term “date rape” refers to non-consensual sexual activity and is a version of rape as defined under Penal Code 261 PC. This rape can occur between individuals who are in a mutually agreed upon romantic relationship or have consented to spending time with one another. Regardless of the connotations of date rape as opposed to rape, the penalties are the same. If you find that you have been a victim of date rape, immediately contact your local police and a lawyer to protect your rights. On the other hand, if you believe you have been falsely accused of date rape, do not speak with the accuser until you have consulted an attorney.
Penalties of Date Rape Conviction
Given the severity of the offense, if you are convicted of date rape, under California Penal Code 290 there is a lifetime duty to register yourself as a sex offender (a tier three offense). A tier two offense with regards to date rape involves the victim being at least the legal age, but is inhibited from giving complete 
consent because of a disability. If this is the case, the convicted must only have their name registered as a sex offender for twenty years.
How to Prove Negation of Consent
If the victim is unknowingly given alcohol or drugs by someone else, rendering them incapable of giving actual consent, and you participate in sexual activity with this intoxicated victim, police can determine that you still violated their consent – charging you with committing date rape. Moreover, if the victim has voluntarily intoxicated themselves (you have not slipped them any drugs) and you have non-consensual sexual intercourse, you can still be charged with date rape.
Furthermore, even if you had engaged in consensual sexual intercourse with the victim previously, this encounter still requires full and proper consent, otherwise it can be considered as rape.
