Using Consent as a Defense to Brooklyn Date Rape Charges

Using Consent as a Defense to Brooklyn Date Rape Charges

Being accused of date rape can be terrifying. You may feel shocked, afraid, or overwhelmed. It’s important to remember that you have rights and options. One potential defense is arguing that the sexual activity was consensual.

Understanding Date Rape Charges in Brooklyn

Date rape, also called acquaintance rape, refers to non-consensual sex between people who know each other. This could be someone you just met, a friend, or even a partner. According to New York law, any non-consensual sexual contact can be charged as a sex crime.

Some common date rape charges in Brooklyn include:

• Rape in the first degree – Forcible compulsion or physical helplessness
• Rape in the second degree – Over 18 and victim under 15, or mentally incapacitated
• Rape in the third degree – Lack of consent, no force
• Criminal sexual act – Oral or anal sexual conduct without consent

These charges can carry years in prison along with sex offender registration. That’s why building a strong defense is critical.

Using Consent as a Legal Defense

In date rape cases, the key element is lack of consent. The prosecution must prove beyond reasonable doubt that the victim did not consent.

As a defense, you can argue that the sexual activity was consensual. Potential evidence includes:

Communication History

Text messages, emails, DMs, or other communications can demonstrate consent, especially:

• Flirtatious or sexually explicit messages
• Discussing desires, boundaries, safe words
• Making plans to meetup

Print out or screenshot any relevant messages.

Witness Testimony

If others were present before, during, or after the encounter, have them testify on your behalf. They can describe things like:

• The victim acting interested, flirtatious, or initiating sexual activity
• Overhearing you discuss consent, desires, etc.
• Observing enthusiastic, consensual activity

Your Testimony

As the defendant, your testimony is crucial:

• Explain how you knew the victim, your relationship, discussions about sex
• Walk through the encounter step-by-step, emphasizing consent
• Describe the victim’s words, body language, and actions showing consent
• Express sincerely held belief that activity was consensual

An experienced sex crimes lawyer can help prepare your testimony.

Finding the Right Brooklyn Sex Crimes Lawyer

Facing date rape charges is scary. But building an effective consent defense starts with choosing the right lawyer. Look for an attorney with specific experience defending acquaintance rape and sex crimes cases.

Things to ask potential lawyers:

• How many years have you practiced criminal defense? Sex crimes?
• What’s your track record getting charges reduced or dismissed?
• Are you willing to take my case to trial if needed?
• Can I see examples of cases you’ve won even without much evidence?

A skilled Brooklyn sex crimes lawyer understands consent defenses and how to gather convincing evidence. This can make the difference between prison time and dismissed charges.

Taking Action to Protect Your Rights

If you’ve been accused of date rape, it’s critical to act now. Here are important steps to take:

• Don’t talk to police without your lawyer present
• Don’t discuss case details with anyone except your attorney
• Gather relevant evidence like messages showing consent
• Hire an experienced sex crimes lawyer you trust

Date rape charges should always be taken seriously. False allegations can and do happen. An aggressive defense highlighting consent can defeat these charges. With the stakes so high, move quickly to retain a top Brooklyn sex crimes attorney.

Resources

For more information on consent defenses and date rape charges in Brooklyn, check out the following resources:

Articles

• Date Rape Charges in New York – Overview of NY acquaintance rape laws
• What is Consent? – Legal definition and examples
• Using Electronic Evidence in Date Rape Cases – Reddit thread on using text messages, DMs in defense

Videos

• Former DA Explains Consent Defenses
• When Text Messages Become Court Evidence
• Can Flirting Demonstrate Consent? Attorney Answers

Finding a Lawyer

• Brooklyn Criminal Defense Lawyers – Avvo directory to search, compare top attorneys
• What Makes a Good Sex Crimes Lawyer? – Reddit guide on choosing the right attorney
• Questions to Ask a Potential Lawyer – Important things to ask before hiring

If you or a loved one are facing date rape allegations in Brooklyn, remember that you have rights. Don’t wait to build an aggressive consent defense with an experienced sex crimes attorney at your side. The sooner you take action, the better your chances of avoiding a devastating conviction.