Rape is defined as the sexual intercourse with another, without the victim’s consent. Date rape is a variation of this, where the defendant and the victim know each other. In rape cases, Date Rape is more common that you might think, it is reported that 70-80% of rape victims knew their offender. The accusation of rape is a serious matter, even if it is not true. It can damage the defendant’s reputation for years to come. A criminal conviction of rape can result in prison, fines, rehabilitation and possibly registering as a sex offender with the State of New York.
Date Rape is defined by the Rape statutes of the New York Penal Law, under sections 130.25, 130.30 and 130.35, depending on the degree committed. 1st degree Rape is defined as intercourse with another person, either by forcible compulsion, or if the victim cannot give consent (due to being physically helpless), or with a person that is under the age of 11 yrs. This crime is categorized as a Class B felony. 2nd degree Rape occurs when an individual over the age of 18 yrs. has sexual intercourse with someone 15yrs. old or younger, or has sex with an individual incapable of giving consent because of mental incapacity. This is a Class D felony. 3d degree Rape occurs when individual has sex with an individual that cannot give consent for another reason than being 17 years old or younger, or being over 21yrs. and having sex with someone younger than 17 yrs. or having sex without consent because the lack of consent is due to another factor other than incapacity. This is categorized as a Class E felony.
The crime of Date Rape can be complex given the pre-existing relationship of the parties. Consent can become a grey area in these types of cases, particularly if there was a pre-existing relationship between the parties. Often poor communication, misunderstood signals and even diminished capacity due to drugs or alcohol may be a factor. In fact Date Rape has received more media attention in the recent past due to the use of what has been called Date Rape drugs, Rohyponol and GHB. It is reported that nearly 1/3 of Date Rape cases involve drugs and/or alcohol. The District Attorney will try to convince the court that all the elements of Rape are present, beyond a reasonable doubt. It will be the job of your Bronx Criminal Lawyer to prove otherwise, and create reasonable doubt in the eyes of the court.
Contact the Office of Stephen Bilkis and Associates, where we can offer you guidance and a completely free consultation when you phone us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.