New York Date Rape Frequently Asked Questions
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 Federal Lawyers 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.
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(212) 300-5196What 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.
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After a date that ended at your apartment, you wake up to police officers at your door saying your date has filed a rape complaint against you. You believed everything that happened was consensual, but now you are facing serious criminal charges that could alter your life forever.
I thought the encounter was consensual — can I still be charged with date rape in New York, and what should I do right now?
Under New York Penal Law § 130.35, rape in the first degree includes any instance of sexual intercourse by forcible compulsion, and consent is a critical element the prosecution must prove was absent. Even if you believed the encounter was consensual, the complainant's account and any supporting evidence will be scrutinized closely, and prosecutors in New York take these allegations extremely seriously. You should immediately invoke your right to remain silent under the Fifth Amendment and avoid any contact with the complainant, as anything you say — including texts or social media messages — can be used against you. Contact a criminal defense attorney at Federal Lawyers right away so we can begin reviewing the evidence, preserving any exculpatory communications, and building the strongest possible defense before charges are formally filed.
This is general information only. Contact us for advice specific to your situation.
