Date Rape Charges
"Date Rape" is usually charged as a violation of Penal Law 130.25, Rape in the third degree. The New York Penal Law reads, that a person is guilty of rape in the third degree when: being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or he or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. Due to reform of the laws concerning rape, it has become much easier to accuse and prosecute for "date rape," which is loosely defined as non-consensual sexual relations against another with whom there is a current relationship; or with whom there was a past relationship. Very often times, the District Attorney may not have to prove that the accused intended to commit the crime.
Date Rape cases often come down to "he said, she said" scenarios and key issues will often be the defendant's intent and the alleged victim's consent, or lack thereof. If you are being investigated for a sex crime such as
date rape, you should refuse to speak to police, detectives, or anyone else and immediately consult with a
sex crimes defense lawyer. Detectives are often highly skilled interrogators and can often get an accused to incriminate himself or herself, effectively providing prosecutors with the evidence they need to substantiate the criminal charges they are seeking to lodge against an individual. If convicted of a sex crime,
sex offender registration will most likely be mandated.