While their product is not for sale as of yet, Undercover Colors has already caused a media stir. It’s no secret that the problem of rape, especially with the use of date rape drugs such as GHB (“G-juice”) and Rohypnol (“roofies”). This new clear nail polish would change color in the presence of such drugs. The idea is that anyone could wear this nail polish, dip it in their drink, and check to see whether someone has added something they shouldn’t have. Creating such a product has not been without its challenges, however. Detractors say that these preventatives, while innovative and interesting, only address a solution, not the root of the problem. Critics also claim that the new polish assumes that rape only happens in certain circumstances, like at bars, clubs, and parties, and only through the use of these drugs. However, many others contend that it’s a step in the right direction as far as self-defense is concerned and that the product will prove more useful than not.
According to California law, ‘date rape’ is defined as any non-consensual intercourse between persons who are dating or otherwise spending a lot of time together (CA Penal Code 261). One aspect that the courts take into account in date rape cases is the alleged victim’s consent when it comes to intoxication. In other words, involuntary intoxication (as in being ‘drugged’) definitely counts as rape by California standards. However, even voluntary intoxication (when the accuser has not been forced to drink, but does so willingly) can be considered date rape when, for example, they are too drunk or otherwise intoxicated to give their consent. As you can see, the main issue is one of consent, which is typical in most rape cases. Rape is always considered a felony in California and, if convicted of rape, a person could spend up to 8 years in state prison and have to register as a sex offender for the rest of their lives.
latest news
Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]
Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]
Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]