Millions of people worldwide use dating apps for casual encounters and to build meaningful connections. However, dating apps like Tinder expose users to risks or potential criminal accusations. While some users on dating apps may engage in deceptive or harmful behavior, most users are genuine individuals seeking connections. Every year, California records a high rate of crimes associated with online dating apps.
The allegations of rape have become common, whereby a person meets another online only to be subjected to a non-consensual sexual encounter when they meet in person. This trend is similar to other online dating apps. Facing Tinder rape charges or other sexual assault allegations associated with online dating apps can have detrimental repercussions. If you or a loved one faces rape charges, you should contact an experienced attorney to help you fight your case and protect your constitutional rights.
The Potential Dangers of Dating Apps
Online dating apps enhance anonymity, enabling people to hide their true identity. Many people take advantage of this by posting fake profiles and incorrect details. Some people go to the extent of posting outdated or AI-generated photos. It is also common for online dating platform users to impersonate other people. Most dating apps do not have adequate verification processes, which promotes deceptive practices. Since dating apps do not handle identity issues effectively, they expose users to risks of fraudulent activities and violent encounters.
When you interact with a person on an online dating app, you probably assume they are who the profile says they are. Most users have good intentions when they interact with other app users, and they believe the information they receive. However, most issues arise when virtual conversations are merged into an in-person meeting. The anonymity of online dating platforms enables predators to deceive their targets, increasing the risk of fraud, sexual assault, and violence.
Many agree to meet in person based on the trust built through virtual communication. However, it might only be after meeting in person that you realize that your potential partner is nothing like their profile. For most people, the effects of this deception are devastating and disappointing. Victims might end up being threatened with violence or forced to do something they would not want to do. It is common for scammers to use the trust built with a victim for financial gain by luring them into financial traps. The risks online dating apps pose call for vigilance when engaging with others on these platforms.
The Potential Accusations You Could Face
With online dating, the aspect of age matters a lot because dating entails sexual encounters. You should not merely depend on the details a person provides on their dating profile. For example, an online dating platform user can claim to be 18 years or older while, in the actual sense, the person is a minor. Interacting with a minor, even if it is via an online dating app, could subject you to statutory rape charges with severe consequences.
Statutory Rape Charges
Under the California Penal Code 261.5, it is unlawful to have sex with a child. Statutory rape charges can apply even if you claim that the child agreed to have sex with you. Consent is not a defense in statutory rape charges because children below 18 years are considered to be incapable of consenting to sex under California law.
Even if online dating apps require only grown-ups to sign up, minors could still find ways to infiltrate these sites. In most cases, minors use fabricated credentials to sign up for dating apps. You might assume that you are arranging an in-person hookup with a grown-up, yet you are meeting with a child. Therefore, when meeting in person, verifying the other person's age is crucial, even if the person claims to be over 18 years old.
You should note that appearance alone cannot establish a person's exact age. For example, you could meet with a minor who appears to be in their 20s. When presenting your defense, you can point out that you had a reason to believe the person you met was over 18. However, you will need an aggressive attorney to help you present this defense. You must convince the jury that a reasonable adult would have believed your partner was over 18 years old, as you did. Therefore, you cannot rely merely on your partner's appearance to present your defense. You must present other reasons that made you believe the person was above 18.
Statutory rape is a wobbler offense; thus, the prosecutor can charge it as a misdemeanor or felony. The prosecutor will consider various factors when assigning charges, including the age difference between you and the victim. You could face misdemeanor charges if:
- The age difference between you and the victim is three years or less
- You are 21 years old or above, and the victim is below 16 years old
For a misdemeanor conviction, the potential consequences include the following:
- A jail time not exceeding one year in a county jail
- Informal probation
- Fines of up to $1,000
A felony conviction is more severe and will have far-reaching consequences:
- A prison sentence ranging from 16 months to 3 years
- The sentence could be 2, 3, or 4 years in prison if you are older than 21 and the victim is below 16 years old.
- Probation with a potential time of up to one year
Rape Charges
Tinder and other online dating apps could also lead to a serious accusation of rape. Rape refers to engaging in sex with another person without their permission and by using force or threats. Rape charges can apply irrespective of how old the victim is. You could have engaged in sexual intercourse after having a drink, and your partner could have been too drunk to consent to the sexual encounter. The law requires someone to consent to sexual intercourse affirmatively, and someone intoxicated by alcohol or drugs cannot give consent.
California Penal Code 261 defines rape as having a sexual encounter with someone without their consent. Rape can occur through threats, force, intimidation, use of force, or when the victim is incapacitated. The charges can apply if the individual was intoxicated, unconscious, or in another state that prevented them from being able to give consent. Rape is a felony offense, and a conviction can have severe penalties.
The potential consequences of a rape conviction under Penal Code 261 include the following:
- Imprisonment ranging from 3 to 8 years
- Registering as a sex offender
- A strike on your record, according to the California Three Strikes law
Rape revolves around consent, and any sexual activity that is not consensual is considered unlawful, especially when the person cannot give informed consent.
Gang Rape
Sexual activity without the victim's consent is a serious crime, especially if the sexual activity involves more than one person. Casual sexual encounters with several people at once have become more common. However, even in these encounters, the parties involved must give consent. If you participate in group sexual activity with someone met through an online dating platform and they claim they did not consent to multiple partners, you could face serious gang rape charges.
The California Penal Code 264.1 outlines the offense of gang rape. Gang rape is a felony offense, and the associated penalties are detrimental. The penalties can vary depending on several factors, including the victim's age. The potential penalties include the following:
- You could face imprisonment of up to 9 years if the victim was over 18 years at the time of the rape
- If the victim was between 14 and 17 years old, the sentence could be extended up to 11 years
- If the victim was below 14 years, the penalty could go up to 14 years in prison
The outlined prison terms will be in addition to any other sentence for the underlying rape conviction. If you are convicted of gang rape, you will be required to register as a sex offender according to the California three-tier sex offender system. Sex offender registration can have far-reaching consequences for your freedom and professional achievements.
How To Avoid Tinder Rape Charges
You should proactively protect yourself from potential charges when using dating apps like Tinder. Maintaining records of communications can be helpful if disputes or accusations arise. No precaution is adequate to prevent false allegations, but you can take certain steps to reduce the risk and show reasonable actions. The following are some of the measures that you can take to protect yourself and support yourself in case of an accusation:
Verify Age and Identity
The first step to protecting yourself is to ensure that the person you interact with is of legal age. Many minors maintain fake profiles and allege that they are over 18 years old, and if the interaction turns sexual, they could face statutory rape charges. When you face statutory rape charges, you cannot use mistaken age as a defense. However, you should take steps to verify a person's age and identity and show that you acted in good faith. You can prove your intention to avoid engaging in illegal conduct by requesting identification and asking direct questions.
Preserve Communication Records
Documenting your conversations with the victim is crucial and can be helpful when an accusation arises. These records are important, especially if the accusations revolve around age, consent, and the mutual intentions between you and the victim. Show that your interaction with the victim was transparent and consensual. Voice messages, text, chat histories, and other conversations can help prove your intentions. Preserving evidence also helps to prove the timeline of events. Having a record of your interactions with the victim provides contextual information, which is crucial as a defense against rape charges.
Meet In A Public Place
You should meet in a public place, especially for the first date, to ensure both parties are safe and avoid misunderstandings. In a public place, you can have witnesses who can verify what happened and help you to counter false claims. Perhaps you were even drugged or impaired when the sexual encounter occurred. You can have medical evidence or reports to help you shift the narrative and prove you are the victim.
Communicate Clearly Regarding Consent
It is important to communicate consent openly. Discuss boundaries and seek mutual agreement to prove that the sexual encounter is consensual. You can even consider a verbal or written agreement on consent to counter allegations of lack of agreement or coercion. This evidence can help you to prove that you acknowledge and respect the other person's autonomy.
Exit Uncomfortable Situations
Trust your instincts and leave an uncomfortable situation, especially if something feels wrong. When you leave uncomfortable situations, you protect yourself and have a record of your actions.
Report Any Suspicious Behavior
If you encounter questionable profiles or notice suspicious behavior on dating apps, you should report it. Reporting suspicious behavior can work in your favor, proving that you tried to mitigate potential risks. It also shows that you consciously wanted to protect yourself and other platform users against unsafe exposure.
The measures outlined above cannot guarantee complete immunity from accusations of rape and other sexual charges on Tinder and other dating apps. However, the measures can strengthen your capability and show that you took the right actions to avoid potential violations. If you are accused of rape or other sexual misconduct, you should have a skilled criminal attorney. Your attorney can help you create a defense proving that you acted lawfully and ethically.
Find a Reliable Criminal Attorney Near Me
Dating apps provide a convenient way of meeting potential intimate partners but also expose you to risks like facing rape charges including statutory rape charges. Rape charges can originate from false or malicious accusations, malice, or misunderstandings. These charges are serious and can ruin your life. If facing rape or sexual assault accusations, immediately contact a good attorney. Call the Law Office of Ann Gottesman and speak to Ann directly! She is passionate about her cases and clients and represents those accused of crimes in Pasadena and Los Angeles, CA.
Call Ann at 626-710-4021 for a free consultation.
