New York City Date Rape Lawyer
New York City date rape convictions can result in having to register as a sex offender – which can affect someone’s prospects in finding a job, renting an apartment, or receiving financial aid – not to mention possible prison time, fines, and the limitations which parole can have on someone’s life.
If you have been charged with date rape, contact a New York City date rape lawyer to review the charges against you and determine your legal options. An experienced rape attorney can help you make an informed decision about what course of action works best for you.
How Does New York Define Date Rape?
Under state law, date rape is simply considered rape in the first degree. According to New York Penal Law §130.35, this class B felony – which can result in up to a 25-year prison sentence and up to $25,000 in fines – involves engaging in sexual intercourse with another person:
- By forcible compulsion
- Who is incapable of consent by reason of being physically helpless
- Who is less than eleven years old
- Who is less than thirteen years old and the actor is eighteen years old or more
What is the Difference Between Rape and Date Rape
Date rape is generally thought to involve alcohol or drugs which are used to render another unconscious by slipping it into their drink. While some of the most common date rape drugs include Rohypnol (also known as Roofies), Ketamine Hydrochloride (also known as Special K), and Gamma Hydroxy Butyrate (GHB), there are many others.
Role of Consent in Date Rape Cases
Similar to any rape charge, consent is a crucial element in a date rape charge as an alleged victim cannot consent under the law if they are rendered unconscious by alcohol or drugs. However, date rape charges can be difficult to prosecute as parties may not remember what happened clearly enough to sustain a conviction.
Anyone who has been charged with date rape should contact an experienced New York City date rape lawyer to conduct a separate investigation into the charges and determine what might have really occurred. Date rape allegations can often be untrue, and alleged victims often misidentify the person they thought abused them.
An can review the situation and determine whether there is enough evidence to have the charges dropped or mitigated through a plea bargain based on the facts and circumstances of the situation.
How a New York City Date Rape Attorney Can Help
If you have been arrested on date rape charges, contact a knowledgeable lawyer – preferably before answering law enforcement questions. It is always important to keep in mind that police often sympathize with an accuser simply because they present as the alleged victim – regardless of whether they are being honest.
A date rape conviction can change your life forever. Having an experienced date rape attorney to rely upon can make a big difference in addressing perceived biases and determining which legal defenses and course of action are best for you.
Do not fight date rape charges on your own as the laws are complex and the consequences of a conviction are too great. Turn to a New York City date rape lawyer who can fight to defend you.