NYC Date Rape Lawyers
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Date Rape in New York: Understanding the Crime and its Consequences
In the state of New York, rape crimes are considered some of the most heinous. Many instances of rape involve a victim and attacker who are acquaintances, romantic partners or exes or even friends. This is known as date rape. It is a crime that carries very serious ramifications that can include a prison sentence, probation, a hefty fine and other penalties. In addition, a person who is convicted of date rape will be required to register as a sex offender as per the New York Sex Offender Registration Act. A conviction for rape can result in difficulty finding a job, renting an apartment and even securing a student loan.
Seeking Legal Representation
Because of the severity of the crime of date rape, a person who is accused of such a crime should immediately get in touch with a skilled New York criminal defense attorney who has experience in rape cases. Anyone who is arrested and charged with date rape should also invoke their right to remain silent and not speak with law enforcement officers as whatever they say can be used against them later in court. The best thing to do is to immediately request to speak with an attorney.
Understanding Date Rape Offenses
Date rape is just another term for a type of rape crime. It occurs when the two individuals know each other. For example, a woman may be friendly with a man she knows from a favorite local hangout and decides to spend time alone with him. They go to his apartment and he makes advances that she rejects. The man doesn’t take no for an answer and instead, persists in his sexual interaction and forces her to have intercourse. This would be an act of date rape.
The crime is considered a class B felony in the state of New York. It comes with significant penalties if a person is convicted. Those penalties include a lengthy prison sentence and a fine that can range as high as $25,000.
Generally speaking, the term “date rape” is not a legal one but is used to distinguish from other types of rape, such as stranger rape. Often, the crime of date rape may occur as a result of the victim being placed into an unconscious state by alcohol or drugs or a combination of the two. In many instances of date rape, the victim may be at a bar or party, consuming an alcoholic beverage and then someone else slips a drug into their drink and it is unseen by the victim. Two particular drugs are commonly known as “date rape drugs,” specifically, gamma hydroxy butyrate or GHB and Rohypnol, which is also commonly referred to as “Roofies.”
The Role of Consent
One of the key elements in any charge of rape is consent. If physical force is used or there was alcohol or drugs, or a combination of the two, involved, this will be significant evidence in the case. A person cannot legally consent to sexual intercourse if they are caused to become unconscious because of alcohol or drugs. When a date rape crime is committed and there were drugs involved, the abuser often faces additional charges that also carry significant consequences.
Additionally, even if there are no drugs or alcohol involved in the crime, if an attacker uses physical force against the victim, it can serve as evidence of date rape. If the victim told the attacker to stop, even if they only did so once, this does not equate to consenting to the sexual intercourse. If the sex was forced upon them, it is considered rape.
Prosecution of Date Rape Cases
Due to many date rape crimes in New York and elsewhere having the element of alcohol or drugs involved, it can often be difficult to prosecute these cases. Unfortunately, in many date rape cases, the victim may not be able to absolutely remember what happened and their memory may instead be very fuzzy. In some cases, they might have been unconscious from the time the attack took place until the next morning when the attacker was already long gone. This may result in not being able to get a conviction. At the same time, in some instances, the victim may even believe someone else has raped them due to their impaired memory. Sadly, in some cases, an accuser may even falsely accuse a person of date rape for personal reasons. However, no matter what the situation, law enforcement officers can rely on drug testing and rape kits to get to the bottom of things and determine what drugs, if there were any, were used against the victim.
No matter what, anyone who has been arrested on date rape charges should immediately contact an experienced criminal defense attorney to represent them in their case. A lawyer who is well versed in the area of rape can expertly assess the situation, study the evidence, conduct their own investigation and build a strong defense to help their client’s case. This can ultimately result in the charges against the individual either being reduced or even dropped altogether depending on the circumstances.
Speaking to Law Enforcement
A person who has been arrested and charged with date rape should avoid answering any questions asked by law enforcement and instead, request a defense attorney immediately. It is best to consult with an experienced attorney before even entertaining the notion of answering any questions. While the accuser will automatically appeal to law enforcement officers because they are supposed victims, that may not always be the case. In some situations, a person may have made a false allegation of date rape against an innocent person for any number of reasons. No matter what the scenario, however, a conviction of date rape can dramatically alter a person’s life forever, even if they have been wrongfully accused.
When an individual has sexual intercourse with another individual without his or her consent, it is classified as rape. There are some circumstances when an individual is unaware of who committed the rape, but there are many cases of rape that involve two individuals who know each other. Date rape isn’t its own offense in the New York criminal statute. However, the term is typically used to describe situations that involve two individuals who are dating or in a romantic relationship.
Regardless of the circumstances that are involved in a date rape case, prosecutors usually seek the most severe penalties when it comes to rape cases. In New York, there are three degrees of rape, and each one is a felony. Even those falsely accused of date rape could face a prison sentence if convicted, which is why it is important for those accused of rape to have a skilled criminal defense attorney by their side.
What Defines Rape in New York?
There are many sexual assault crimes that could be considered rape in New York. Each rape charge shares two similarities that are lack of consent and sexual intercourse. New York laws state that penetration must occur to be considered sexual intercourse, and lack of consent is when the act wasn’t consensual.
Rape in the Third Degree
This is the least severe rape charge in New York. Those who are charged with rape in the third degree will have committed the act of engaging in sexual inter course with individual without his or her consent. This charge is a Class E felony in New York.
On the other hand, rape in the first degree is the most serious type of sexual assault charge. This crime involves one individual using force to engage with sexual intercourse with another individual that resulted in serious physical injuries. This charge is a Class A-II felony under New York Penal Law 130.95.
In addition, if an individual facilitates a sexual assault against another by using a controlled substance, it is considered rape. This may include when one individual puts a drug into another’s food or drink without his or her knowledge and engages in a sexual act while the person is under the influence. This crime is a Class D felony under New York Penal Law 130.9.
According to the New York Penal Code, rape is nonconsensual sexual intercourse. Although sexual intercourse is defined under New York law as penetration by the vagina with a penis, date rape can refer to several types of nonconsensual activity. This may include a circumstance where vaginal sex did not occur, but anal or oral sex took place though a forcible manner. However, according to New York law, these actions are not considered rape but sexual assault. In addition, sexual assault crimes that involve foreign objects are also considered nonconsensual sex acts.
Sentence Considerations for Date Rape
If you are charged with rape, your sentence will vary based on how your charge was classified. In addition, other factors that influence sentencing may include criminal history. An individual could face up to four years in prison if charged with rape in the third degree and up to 25 years in prison if charged with rape in the first degree.
In addition, predatory sexual assault is a Class A-II felony and could result in a life sentence in prison, and the minimum sentence for this charge is 10-25 years. Those convicted of facilitating sexual assault with a controlled substance will be charged with a Class D felony and could face up to seven years in prison if convicted. This crime is also considered a violent felony and has a minimum sentence requirement of three years.
If you need a skilled criminal defense attorney with experience handling date rape cases, contact the Spodek Law Group. We have been proudly serving the New York area since 1976.