A New York Date Rape Lawyer can explain to you that the crime of rape is committed when an individual has sexual intercourse with another, without the consent of the victim. The crime of rape in its many forms has been on the rise. Date rape is a non-legal term that is used for a rape where the victim and defendant know each other in some capacity. In fact, national statistics cite that 70-80% of rape victims know their perpetrator. A conviction of rape can bring the defendant not only jail time, fines and court ordered rehabilitation; it can also require you to register as a sex offender. It is important to call a New York Date Rape Lawyer if you have been accused of Date Rape, Statutory Rape or another Sex Crime. When you contact Stephen Bilkis and Associates, an experienced lawyer can help you formulate a workable defense strategy and will also provide you with a free consultation. We have offices in Manhattan, Queens and Long Island.

In New York, Rape is defined in New York Penal Code 130.25, 130.30 and 130.35, depending on the degree of rape. Rape in the first degree is defined as sexual intercourse with another person, by forcible compulsion, or when the victim is unable to give consent by being physically helpless; who is younger than 11 yrs., or where the victim is less than 13 and the defendant is older than 18. This crime is considered a Class B Felony. Rape in the second degree occurs when someone over 18 yrs. engages in sexual intercourse with someone younger than 15 yrs, or engages in sex with someone incapable to consenting due to mental incapacity. It is an affirmative defense that the defendant was less than four years older than the victim at the time of the act. It is a categorized as a Class D Felony. Rape in the third degree is engaging in intercourse with an individual who is incapable of giving consent by reason of some factor other than being 17 yrs. or younger, or by being over the age of 21 and engaging in sex with a person less than 17 yrs. old, or engaging in intercourse without the person’s consent, where the lack of consent is due to another factor other than the incapacity to give consent. This crime is considered a Class E felony.

The Date Rape can be a complicated area of the law because of the nature of the relationship of the parties. This relationship can make the issue of consent a grey area. Often issues involving poor communication, misunderstanding and diminished capacity come into play. It is said that approximately 1/3 of the date rape cases involve drugs or alcohol. The crime of Date Rape has received attention in the press in the recent past due to the use of date rape drugs (these drugs are Rohyponol and GHB and constitute a drug crime on their own). The District Attorney will need the elements of rape beyond a reasonable doubt. Your New York Date Rape Lawyer will raise defenses to create reasonable doubt and if they are successful, you will not be convicted.

Overall, Date Rape is an emotionally charged crime for both parties involved. Issues involving the relationship between the victim and the defendant, the betrayal of trust, and perhaps confused or misguided messages of victim’s consent cloud the issue and make it very difficult to deal with. If the defendant has been falsely accused, it can bring social stigma, loss of reputation and a legal matter to contend with. An experienced New York Criminal Lawyer understands these issues and can help you sort through the facts and develop a solid defense strategy. Stephen Bilkis and Associates will provide you with a free consultation and guidance. We have offices throughout the New York City area, from Manhattan to Queens to Westchester County, to Suffolk County and Nassau County. Call us today and receive your free case evaluation at 1-800-NY-NY-LAW.