Queens Rape Lawyers

The Seriousness of a Rape Accusation

Being accused of rape is a serious matter. Indeed, the accusation in itself has the power to cast your life into complete ruin. You must act quickly and decisively if you have been arrested and charged with rape. You must make no statement, take no action, or give any indication of your position until you have spoken to a lawyer. Even a person charged with rape has the right to counsel.

The pressure on you from all sides will be overwhelming; you will be left in a daze, a haze of confusion and uncertainty; you will not know exactly what to do after the charge becomes public. These are all perfectly natural feelings, and you should wait until you have spoken with your attorney before acting on them.

Legal Definition of Rape

Penetration of the vagina, anus, or mouth of another person, no matter how slight or for how long, with a sex organ without consent constitutes the legal definition of rape. It is an act that is viewed with such repugnance and horror by society at large that the people, the men especially, who are charged with it can be stigmatized for life.

The Devastating Consequences of Conviction

You will suffer greatly if you are convicted of rape. Not only will you go to prison for a very long time, you will lose your job and your career; your family life will at the very least be put under great strain, and you will be forced to go through the rest of your life with a rape conviction as part of your record, which will ruin any chance of returning to your profession after you have served your time and will make it tough for you to get a job at all. You will be placed in a data base of sexual predators, and no matter where you live after your release the people around you will know what you did.

The person who has accused you of rape can also sue you for damages. A criminal conviction will give her most of what she needs to prove her case, so you will be compelled to pay money for the crime.

Such ruin, such devastation, such an utter and complete destruction of your life need not take place. You must fight the charge from the very beginning. You must not only beat the charge to keep yourself out of jail; you must also do so to salvage your reputation. When you go back to your family, your friends, your work colleagues and community, there must not be the slightest doubt that you are innocent of the rape charge.

Fighting the Charge and Protecting Your Future

Hiring a lawyer will help you get this vindication. The fight to preserve your freedom and reputation will not be easy or clean. In fact, it can become grueling. If your accuser does not retract her statement, then the matter will go ahead and you will need to work with your lawyer to discredit her evidence, statements, and testimony.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

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Perhaps you know your accuser well, perhaps you were alone with her, perhaps the two of you even had sex, but that does not mean you raped her. The boundaries between consent and rape are not always clear in the heat of the moment. It was certainly not your intention to do anything near what you have been accused of, and there is nothing that happened afterward that makes you think you did anything wrong. The fact that you are being pursued with this criminal accusation is just plain wrong, and you have no choice but to do whatever it takes to clear your name, even if it means an aggressive and relentless challenge to her.

Legal Scenario: What Would You Do?

Scenario

A college student in Queens has been accused of rape by an acquaintance after a party, and detectives have shown up at his dormitory asking him to come to the precinct to 'tell his side of the story.' His parents are panicking and urging him to cooperate fully with police to clear his name.

Should I go to the precinct and give a statement to prove my innocence?

Attorney's Answer

Absolutely do not speak with detectives or go to the precinct without an attorney present. Under New York law, anything you say during questioning can and will be used against you, and police are legally permitted to use deceptive tactics during interrogation. Rape charges under New York Penal Law § 130.35 carry a potential sentence of 5 to 25 years in state prison, making it critical that you exercise your Fifth Amendment right to remain silent. Contact a Queens criminal defense attorney immediately who can communicate with law enforcement on your behalf and begin building your defense strategy.

This is general information only. Contact us for advice specific to your situation.

Working with a lawyer can help guide you through this difficult time. They will help you win the case, stay out of prison, and preserve your good name.

Queens, New York, Rape Laws