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New York Date Rape Frequently Asked Questions

What is date rape?

Rape is a sex crime that involves having sex with another person without that person’s consent. If the victim is a social acquaintance, or if you are in a dating relationship with the victim, then the sexual assault is referred to as date rape. Make no mistake. Date rape is sexual assault. If you area convicted of date rape not only will you face the possibility of significant prison time, you also will have to register as a sex offender. Because of the long-term consequences of a rape conviction, if you are facing a social acquaintance rape charge, contact an experienced New York date rape lawyer who will vigorously defend you throughout the criminal process.

What is rape in the third degree?

Rape in the third degree is the least severe rape charge. Whether the victim is a social acquaintance or a stranger, if you have sexual intercourse with that person without her consent, then you would have committed the crime of rape in the third degree. For example, if you ask to have sexual intercourse and the response is no, yet you go ahead and have sex with her anyway despite the fact that she said no, then you could be arrested and convicted. Rape in the third degree is a class E felony. If convicted you could go to prison for up to 4 years and you will have to register as a sex offender.

What is rape in the first degree?

If you use physical force to have nonconsensual sexual intercourse with a social acquaintance, then you will be charged with rape in the first degree. It is a class B violent felony. This means that you could be sentenced to up to 25 years in prison.

What is criminal sexual act?

Criminal sexual act is a sex crime that involves nonconsensual anal or oral sex. Like rape, criminal sexual act can be a type of social acquaintance sexual assault. The penalties are similar to those for rape, and if convicted you will be required to register as a sex offender.

What is a “date rape drug”?

Oftentimes offenders use drugs to incapacitate the victim to make it easier to commit the crime of rape. Drugs referred to as “date rape drugs” include gamma hydroxybutyrate also known as GHB, Rohypnol, also known as rophies, and ketamine, also known as Special K. If you do have sexual intercourse or any other sexual contact with someone after given them a date rape drug, the victim would not be able to consent to sex. Thus, you could be charged with the crime of facilitating a sex offense with a controlled substance, a class D felony. The sentence will include up to 7 years in prison.

What is sex offender registration?

As a date rape attorney in New York can explain if you are convicted of a sexual assault such as rape, you will be required to register as a sex offender and follow the rules of the Sex Offender Registration Act (SORA). SORA requires you register with a law enforcement agency your photograph, address, and the school you are attending. If you move, you must let the agency know. If you are a level 2 or 3 offender, you must also register your employment information. Sex offenders must register for either 20 years or for life.

Still have questions? Contact the Law Offices of Stephen Bilkis & Associates

Being accused of a sex crime is serious. It is important that you understand the process, and have experienced representation. With over two decades of experience representing clients in New York who have been charged with sexual assault as well as other serious felonies, the date rape attorneys serving clients in New York at the Law Offices of Stephen Bilkis & Associates have the knowledge and resources to vigorously defend you throughout the entire criminal process. Contact a New York date rape lawyer at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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