Spodek Law Group

NYC Date Rape Lawyers

When an individual has sexual intercourse with another individual without his or her consent, it is classified as rape. There are some circumstances when an individual is unaware of who committed the rape, but there are many cases of rape that involve two individuals who know each other. Date rape isn’t its own offense in the New York criminal statute. However, the term is typically used to describe situations that involve two individuals who are dating or in a romantic relationship.

Regardless of the circumstances that are involved in a date rape case, prosecutors usually seek the most severe penalties when it comes to rape cases. In New York, there are three degrees of rape, and each one is a felony. Even those falsely accused of date rape could face a prison sentence if convicted, which is why it is important for those accused of rape to have a skilled criminal defense attorney by their side.

What Defines Rape in New York?
There are many sexual assault crimes that could be considered rape in New York. Each rape charge shares two similarities that are lack of consent and sexual intercourse. New York laws state that penetration must occur to be considered sexual intercourse, and lack of consent is when the act wasn’t consensual.

Rape in the Third Degree
This is the least severe rape charge in New York. Those who are charged with rape in the third degree will have committed the act of engaging in sexual inter course with individual without his or her consent. This charge is a Class E felony in New York.

On the other hand, rape in the first degree is the most serious type of sexual assault charge. This crime involves one individual using force to engage with sexual intercourse with another individual that resulted in serious physical injuries. This charge is a Class A-II felony under New York Penal Law 130.95.

In addition, if an individual facilitates a sexual assault against another by using a controlled substance, it is considered rape. This may include when one individual puts a drug into another’s food or drink without his or her knowledge and engages in a sexual act while the person is under the influence. This crime is a Class D felony under New York Penal Law 130.9.

According to the New York Penal Code, rape is nonconsensual sexual intercourse. Although sexual intercourse is defined under New York law as penetration by the vagina with a penis, date rape can refer to several types of nonconsensual activity. This may include a circumstance where vaginal sex did not occur, but anal or oral sex took place though a forcible manner. However, according to New York law, these actions are not considered rape but sexual assault. In addition, sexual assault crimes that involve foreign objects are also considered nonconsensual sex acts.

Sentence Considerations for Date Rape
If you are charged with rape, your sentence will vary based on how your charge was classified. In addition, other factors that influence sentencing may include criminal history. An individual could face up to four years in prison if charged with rape in the third degree and up to 25 years in prison if charged with rape in the first degree.

In addition, predatory sexual assault is a Class A-II felony and could result in a life sentence in prison, and the minimum sentence for this charge is 10-25 years. Those convicted of facilitating sexual assault with a controlled substance will be charged with a Class D felony and could face up to seven years in prison if convicted. This crime is also considered a violent felony and has a minimum sentence requirement of three years.

If you need a skilled criminal defense attorney with experience handling date rape cases, contact the Spodek Law Group. We have been proudly serving the New York area since 1976.