New York Date Rape Lawyer

New York date rape convictions can have serious consequences such as serving prison time and probation, paying significant fines and penalties, and having to register as a sex offender in accordance with New York’s Sex Offender Registration Act (SORA). These convictions can affect your prospects for employment, student loan applications, and the ability to rent an apartment.

Anyone who has been charged with date rape should contact a New York date rape lawyer immediately to avoid giving statements to law enforcement officials which can be used against you in court at a later date. This means exercising your right to remain silent, and asking for a distinguished sex crimes lawyer.

Defining a Date Rape Offense

Date rape is simply another term for rape and is generally punishable under New York law as a class B felony which can result in significant prison time and fines of up to $25,000. The term is not a legal one as defined by the New York Penal Law, but is distinguished by other rape or often viewed in the context of rape in the sense that drugs or alcohol are used to render another unconscious by, for example, slipping a drug into drinks. Some of the most common date rape drugs used include, but are not limited to Rohypnol (also known as Roofies), Gamma Hydroxy Butyrate (GBH), and Ketamine Hydrochloride (also known as Special K).

Role of Consent

Consent is a key element in rape charges regardless of whether physical force or a drug of some form is used. Someone cannot consent under the law if they are rendered unconscious by alcohol or drugs. In addition to rape charges, alleged abusers may also face charges for drugging someone which can have additional consequences.

Prosecution of Rape Cases

New York date rape charges can be difficult to prosecute as alcohol or drugs are involved and the parties may not remember what happened clearly enough to sustain a conviction. In some situations, accusers can misidentify alleged abusers or falsely accuse them of date rape for other, personal reasons. At the same time, drug tests and rape kits can assist law enforcement in identifying what, if any, drugs were used to violate another person.

Anyone who has been charged with date rape should contact an experienced New York date rape lawyer to review their situation, determine their legal defenses, and conduct a separate investigation into the charges. The latter can may result in charges being dropped or mitigated depending upon the facts and circumstances of the situation.

Speaking to Law Enforcement

Anyone who has been arrested on New York date rape charges should contact a New York date rape lawyer before answering law enforcement questions. Even if that has already occurred, it is still important to retain counsel to protect the rights of a potential client. It is always important to recognize the fact many law enforcement officials may sympathize with the accuser simply because they are present as a victim – regardless of whether they are being honest. The bottom line is that a date rape conviction can change someone's life forever whether having committed a crime or been wrongfully accused.

Help from a Lawyer

Having an experienced New York date rape attorney to rely upon can make a big difference in understanding the charges against you, evaluating the legal defenses which may be available to you, and determining the course of action that is best for you. Do not attempt to fight these charges on your own. New York date rape laws are complex and the consequences of a conviction are too great to leave to chance.

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