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New York Date Rape Frequently Asked Questions
What is Date Rape?
Rape is a crime that involves having non-consensual sex with a person. If the victim is someone you are dating, or a social acquaintance, the sexual assault is defined as a date rape. If you are convicted of rape, you will face prison time and need to register as a sex offender. Because of the serious consequences of a rape conviction, it’s important that you contact an attorney at Spodek Law Group to help you through the criminal process.
What is the Definition of Rape in the Third Degree?
Rape in the third degree is the lesser of the rape charges. It does not matter if the victim is a stranger or an acquaintance, if you have sexual intercourse with a person and do not have their consent, you have committed rape in the third degree. Rape in the third degree is a classified as a class E felony. A rape in the third-degree conviction, could have you spending a maximum of four years in prison. You will also be required to register as a sex offender.
What is Rape in the First Degree?
If physical force is used to have nonconsensual sex intercourse with someone, you will be charged with rape in the first degree. This is a class B felony that is punishable by up to 25 years in prison.
What is criminal Sexual Act?
criminal sexual act is a sex that involves having a nonconsensual oral and anal sex. Just like rape, a criminal sexual act can occur with a stranger or an acquaintance. The penalties for a criminal sexual act is about the same as that of rape. If convicted, you will have to register as a sex offender.
What is a Date Rape Drug?
Sometimes offenders will use drugs to incapacitate the victims, making it easier for them to commit the act of rape. These drugs are often called date rape drugs. Popular date rape drugs include ketamine, Rohypnol, as called rophies, and GHB, gamma hydroxbutyrate. If any of these drugs are given to someone prior to having sex with them, the victim could not consent to sex. In these circumstances, you may be charged with the crime of facilitating a sex offense with a controlled substance. Date rape is a class D felony and you could end up in prison. If convicted, you can face up to 7 years in prison.
Common Date Rape Drugs
| Drug Name | Also Known As | Effect |
|---|---|---|
| Rohypnol | Rophies | Incapacitates victims, prevents ability to consent |
| GHB | Gamma hydroxbutyrate | Incapacitates victims, prevents ability to consent |
| Ketamine | Special K | Incapacitates victims, prevents ability to consent |
What is Sex Offender Registration?
As most date rape attorneys in New York can tell you, once convicted of a sexual assault like rape, you will have to register as a sex offender. You will also have to adhere to the rules of the Sex Offender Registration Act (SORA). SORA requires you to register with the local law enforcement agency. You will need to the agency your photo, address, and school you are attending. If you move, you must inform the local law enforcement agency. All level 2 and level 3 offender must also register their employment information. All sex offenders will need to register for 20 years or life.
SORA Registration Requirements
| Requirement | Details |
|---|---|
| Photo | Must provide current photo to local law enforcement |
| Address | Must register current address and update if you move |
| School Information | Must provide information about school you are attending |
| Employment (Level 2 & 3) | Level 2 and level 3 offenders must register employment information |
| Duration | Registration required for 20 years or life |
Understanding Different Rape Charges
| Charge | Classification | Maximum Penalty | Key Elements |
|---|---|---|---|
| Rape in the Third Degree | Class E Felony | Up to 4 years in prison | Non-consensual sexual intercourse |
| Rape in the First Degree | Class B Felony | Up to 25 years in prison | Physical force used during non-consensual intercourse |
| Criminal Sexual Act | Varies by degree | Similar to rape penalties | Non-consensual oral or anal sex |
| Facilitating Sex Offense with Controlled Substance | Class D Felony | Up to 7 years in prison | Using date rape drugs to incapacitate victim |
All of these convictions require sex offender registration under SORA.
Have More Connections About the Rape Laws in New York?
Sex crimes are serious. If you are accused of committing one, it’s important that you have proper representation. The attorneys at Spodek Law Group have years of experience serving clients in the New York area who have been charged with sexual assault. Please contact us at 888-729-7065 to schedule a free consultation.
The Importance of Legal Representation in Date Rape Cases
Understanding the nuances between different rape charges and their severe consequences is critical. Whether you’re facing charges for rape in the third degree, rape in the first degree, criminal sexual act, or offenses involving date rape drugs, the stakes include lengthy prison sentences and mandatory sex offender registration. An experienced attorney can navigate the complex legal system and protect your rights throughout the criminal process.
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