Bronx Date Rape Lawyer
Date rape has become one of the more common sex offenses heard in New York’s criminal courts. As more alleged victims come forward with their stories of being taken advantage of, accusations involving date rape have multiplied.
Any sexual conduct committed against an alleged victim who could not or did not consent is considered illegal. However, New York’s legislature has taken the additional step of punishing those who allegedly use a controlled substance to help them carry out these acts. As a result, defendants facing allegations of date rape may need to deal with charges of not just rape, but also for facilitating rape with a controlled substance.
A Bronx date rape lawyer could help to defend against allegations of illegal sexual contact. An aggressive attorney can be a fierce advocate for your rights and help fight for the best possible resolution for your case.
Date Rape Laws in the Bronx
At the core of any date rape allegation is the idea that someone committed a sexual offense. However, this does not have to include rape. Any alleged incident of improper sexual contact can give rise to these charges. As a result, an individual does not need to have sexual intercourse to face charges.
For example, having sexual intercourse with a person who cannot consent due to a physical incapacity is considered rape in the first degree under New York Penal Law §130.35. This includes incidents where someone allegedly has sex with another who is drugged into unconsciousness.
However, the idea of a date rape can also apply to non-sexual intercourse situations. New York Penal Law §130.50 is known as a criminal sexual act in the first degree. It is very similar to rape charges in that the alleged victim is incapacitated, but instead of intercourse, it involves oral or anal sexual conduct. These two statues are punished identically as class B felonies and can also apply to situations of alleged date rape.
How Using a Drug Makes a Difference
Committing any sexual act against an unconscious person is considered a serious crime. However, when this alleged victim is made unconscious through the supposed use of a drug, this is an additional offense.
New York Penal Law §130.90 is called facilitating a sex offense with a controlled substance. It states that it is illegal for someone to knowingly possess a controlled substance they intend to use against another person to commit a felony level sex offense. A person must administer this drug without the person’s consent and then commit the felony offense or attempt to do so.
It is important to realize that a person does not need to be incapacitated for this statute to apply. If someone is simply administered a drug without their knowledge, and another person attempts to commit a felony sex crime, the requirements for conviction are generally present. This is a class D felony, but typically is filed alongside another sex crime charge. For more information, get in touch with a Bronx date rape lawyer for help with filing an injury claim.
A Bronx Date Rape Attorney Can Be an Ally
Any time an individual allegedly commits date rape is serious. Not only will it result in a serious sex crime allegation, but New York’s Penal Law allows prosecutors to pursue a separate charge if a drug was allegedly used to commit the crime. These charges can combine to result in multiple years in prison and forced registration as a sex offender.
A Bronx date rape lawyer could stand by your side and fight to prevent this from happening. They can work to combat the prosecutor’s allegations. Even the early hearings in these cases are critical, contact an attorney today to schedule a consultation and protect your freedom.