The crime of date rape occurs when one individual has sexual intercourse with another without their consent. A New York Date Rape Lawyer can explain that date rape is a non-legal term that is used to refer to the fact that the victim and perpetrator of the crime knew each other in some capacity. This type of sex crime is becoming more and more prevalent than one would think; reports show that 70-80% of all rape victims know their perpetrators. If you have been charged with date rape (New York Penal Law sec. 130.30), statutory rape, sex with a minor, spousal rape, or any other sex crime such as prostitution, solicitation, sodomy or lewd conduct it is extremely important to seek the guidance of an experienced New York Date Rape Lawyer from the Stephen Bilkis and Associates team. Penalties for this crime can be severe, including jail time and heavy fines. In addition, you may have to register as a sex offender under SORA. Because of the social stigma surrounding this type of sex crime, the accused can also suffer damage to their reputation with family members, friends and co-workers even if they are not found guilty.
Rape is defined in sections 130.25, 130.30 and 130.35 of the New York Penal Law. The particular penalties involved will usually depend on the degree of the crime.
Rape in the 1st Degree (New York Penal Law 130.35): This crime is defined as intercourse with another, by force or compulsion, or where the victim is unable to consent, or is younger than age 11, or younger than age 13 and where the perpetrator is over 18 years of age. This crime is considered a B felony.
Rape in the 2nd Degree (New York Penal Law 130.30): This crime is defined as intercourse with someone younger than 15 years of age by someone over 18 years old, or engaging in intercourse with someone who is unable to give consent because of mental incapacity. It is an affirmative defense if the defendant is less than 4 years older than the victim. This crime is considered a D felony.
Rape in the 3rd Degree (New York Penal Law 130.25): This crime is defined as sexual intercourse with someone incapable of giving consent due to a factor other than being less than 17 years of age, or being 21 years of age or older and engaging in intercourse with someone 17 years old or younger, or engaging in intercourse with someone who is unable to give their consent by reason of some other factor than incapacity to consent.
This is a complicated offense because of the relationship between the parties. The key issue here is consent, which can be tricky to prove. Commonly, a New York Sex Crime Attorney will tell you that there are often issues with diminished capacity and misunderstanding involved. Interestingly, up to one-third of all Date Rape incidents involve the use of drugs and alcohol. Also, there has been a recent upsurge in cases involving gamma-hydroxybutyric acid (GHB) and Rohypnol (“roofies”), otherwise known as Date Rape drugs.
DefensesMisunderstanding: Often flirtatious behavior is misinterpreted as consent for sex. A misunderstanding as to consent, coupled with lack of criminal intent could be at the root of the accusation.
False Claims: The Federal Bureau of Investigation reports that 8% of rape allegations are false. Often false statements and exaggerations are at fault for the charges. It is important to remember that a defendant is innocent until proven guilty.
Chemical Evidence: If you have been charged with using a date rape drug, chemical testing may be done to determine if the chemical is in their system.
If you have been charged with a Sex Crime, including Sexual Assault, solicitation (New York Penal Law sec. 230.00), internet sex crime or Spousal Rape, it is important to speak with a skilled New York Sex Crime Attorney from the office of Stephen Bilkis and Associates right away. Don’t underestimate the serious nature of these crimes. We can discuss possible defense strategies with you. Our New York City offices serve clients throughout the five boroughs of New York City including Staten Island, Brooklyn, the Bronx, Manhattan, and Queens, as well as Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County. Call us today at 800.696.9529 to schedule your free consultation.