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New York Date Rape Defense Lawyer

Were you accused of date rape in Queens or NYC?

Date rape is a serious felony offense. It alleges that a person intoxicated or drugged a victim for the purpose of having sex with them without their consent. Without consent, a sexual act is considered rape. Date rape is one of the most common false allegations. If you are facing these accusations, a New York criminal defense attorney from our firm can fight to defend you, whether you live in The Bronx, Rockland County, Westchester County, Brooklyn, Queens or Manhattan. The penalties for a sex offense such as this could include sex offender registration, fines and imprisonment.

First Degree Rape: New York Penal Code § 130.35

According to the New York Penal Code,

§ 130.35 Rape in the first degree. A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony.

Common Methods of Date Rape

Date rape is also commonly referred to as "drug facilitated sexual assault." This can involve intoxicating liquors or drugs. Many people assume that drugs are administered without the victims consent. Truthfully, date rape can be accomplished whether the victim knowingly or unknowingly ingested the drugs or alcohol. Alcohol is actually more commonly used to accomplish date rape than drugs such as cocaine or marijuana. Statistics indicate that as many as half of all date rape victims were heavily inebriated at the time of the incident.

Studies have been conducted of supposed sexual assault victims to root out the most common drugs used for date rape. Researchers ask the victims what drugs or alcohol they believe might be in their system, and then proceed to conduct blood/urine tests. The most common drugs that researchers found in victims' systems that the victims were not aware of were marijuana, cocaine and amphetamines.

Various date rape prevention acts have been signed into law in the United States, such as the Drug-Induced Rape Prevention and Punishment Act. These laws specifically target known date rape-specific drugs such as Rohypnol ("roofies") and GHB. These types of drugs can be slipped into a person's food or drink without the victim knowing. Because victims are unconscious or only slightly conscious at the time of the alleged rape, it may be difficult to ascertain what actually happened.

Defenses Against Date Rape Allegations in Manhattan

One possible defense against date rape is claiming that, while the incident may have occurred, you were not the perpetrator. Cases such as this are defensible by way of DNA testing. Cases can often be more complex than this, however. For example, you may have had consensual intercourse with someone who then later claimed that the intercourse happened without their consent. These types of cases would focus on deciphering whether or not there was consent. Date rape allegations commonly arise in acquaintance relationships, but sometimes they can arise in dating relationships. Even if the alleged victim and perpetrator were dating at the time, sex must still be consensual and there may be grounds for a date rape allegation.

Contacting a New York Sex Crime Defense Attorney

Remember, you are innocent until proven guilty. The New York sex crime defense lawyers at Musa-Obregon Law PC can build a strong case for defense against date rape allegations. These types of offenses are extremely serious matters, as a conviction can result in lifetime consequences for the defendant.

Speak with our Queens law firm today if you want a strong defense against sex offender registration, imprisonment and other serious penalties. We serve clients throughout Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

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