NYC Date Rape Lawyer

The term date rape can be misleading in NYC criminal law. There is no requirement that the victim and defendant be dating or out on a date when the alleged rape occurred. Rather, date rape refers to non-consensual sexual intercourse between two people who are acquainted or otherwise familiar with one another. In most instances, the term date rape is associated with the use of drugs or alcohol to elicit or instigate an otherwise unwanted sexual encounter. However, an NYC date rape lawyer provides defense in many situations and circumstances.

At Greco Neyland Attorneys at Law, we represent people of all ages, professions, backgrounds, and circumstances who find they are facing the serious charges of date rape in New York. Sometimes these clients feel they were given consent for sexual intercourse, in other instances, there is evidence that date rape is used as a weapon for retaliation and there is no true victim.

Whenever possible, an NYC date rape lawyer at Greco Neyland helps these clients avoid long jail sentences and the permanent stigma of a convicted sex offender. Learn more about our experience defending NYC sexual crimes, including rape.

Meaning and Definition of Date Rape Charges

Law enforcement and lawyers in NYC may use the specific term “date rape” to differentiate sexual assault or rape charges made against a person known to the victim from those against a stranger. However, this isn’t a legal term. The elements of date rape and rapes by strangers are the same, and an NYC date rape lawyer will also handle defense and representation for other sex crimes in New York. Often, familiarity with the victim doesn’t make a difference for conviction or possible sentence.

To prove date rape in New York, a prosecutor must show that the defendant engaged in sexual intercourse with a victim who could not or did not provide consent to having sex. There are several reasons a defendant may be unable or considered incapable of providing consent.

Different Degrees of Date Rape Charges

Just as there are varying degrees and severity of charges for violent offenses and property crimes, like burglary, in New York, there are also several different degrees of rape. These are:

• Rape in the third degree
• Rape in the second degree, and
• Rape in the first degree.

The most serious offense is rape in the first degree found at New York Penal Law §§ 130.35. Both the reason for lack of consent, the age of the victim and age of the victim determine the degree charged in a date rape case.

• Rape in the third degree is non-consensual sexual intercourse with a victim over the age of 17 but unable to consent for another reason; consensual sexual intercourse with a victim under the age of 17 when the defendant is over the age of 21; or non-consensual intercourse with a defendant over the age of 17 who is unable to consent for a reason other than incapacity.
• Rape in the second degree is intercourse with a victim under the age of 15 when the defendant is over the age of 18; or non-consensual intercourse with a victim unable to consent by reason or mental disability or incapacity.
• Rape in the first degree is non-consensual intercourse when the defendant uses physical force; non-consensual intercourse with a victim unable to consent due to physical helplessness; sexual intercourse with a victim under the age of 11; or sexual intercourse with a victim under the age of 13 when the defendant is over the age of 18.

 

Lack of Consent by Drugs or Alcohol

Under New York law a victim cannot consent to sexual intercourse with intoxicated by drugs or alcohol. Even if an intoxicated victim doesn’t fight back or say no to sexual intercourse, engaging in sexual intercourse is legally defined as date rape in NYC.

Inability to consent because of drugs or alcohol is the most common form of alleged date rape in New York. Greco Neyland has handled cases involving:

• the presence and over-consumption of alcohol,
• the alleged use of drugs before sexual intercourse,
• the alleged use of a controlled substance to procure sexual intercourse, including situations where the victim claims no knowledge of taking the controlled substance,
• a victim and defendant engaged or previously engaged in a romantic relationship, and
• students on a college campus when alcohol or drugs were present

 

NYC Law Firm that Addresses Date Rape Charges

The best way to address charges for date rape, or another serious sexual offense, in NYC, is with the assistance of a top NYC criminal defense lawyer. You need the skilled and knowledgeable defense provided by a team of reputable and reliable New York lawyers like those found at Greco Neyland Attorneys at Law.

Greco Neyland has convenient offices in Midtown Manhattan, White Plains, and New Jersey to serve clients in all five boroughs of NYC and the greater NYC area. To schedule a free initial consultation regarding NYC date rape charges, call us at (212) 951-1300.

Resources for Victims of Date Rape or Other Sexual Assualt

If you are a victim seeking assistance after a sexual assault there are a number of resources in the NYC area.

To report a sexual assault to law enforcement, you can contact The New York County District Attorney’s Office, located at:

One Hogan Place
New York, NY 10013
(212) 335-9000

Alternatively, to speak with a counselor or learn about updates, news, or resources for victims of sexual assault, rape, or date rape contact the New York State Coalition Against Sexual Assault (NYSCASA), located at:

28 Essex Street
Albany, NY 12206
(518) 482-4222.