Long Island Date Rape Defense Attorney
Did you go out for a nice evening that ended well only to have your date later accuse you of non-consensual sex?
Did you go out with a group of friends, or meet someone at a party or nightclub, that ended with you and someone drinking a little too much and becoming intimate? Did someone accuse you of lacing their drink with a date violation drug? Date rape is a heinous act but all too often in this country, men are convicted of date rape when a lover wants revenge or a partner suddenly regrets the exchange. Do not plead guilty at the advice of a public defender! You can explain your innocence or the misunderstanding to the judge and take the chance of receiving a prison sentence, or you can hire a Long Island date rape defense attorney.
Elements of a Date Rape Charge
While the precise definition will vary from jurisdiction to jurisdiction, it is generally understood that date rape is nonconsensual sex committed by one’s escort or companion following some kind of social gathering. The victim need not be in a relationship with the suspect, the mere fact that some kind of casual interaction existed between the two is enough to separate this crime from traditional rape. Date rape can be committed against someone who a person has actually been dating for several months or someone who was just met at a bar or on a dance floor.
Date rape typically is planned by the perpetrator. It may involve luring the victim to his residence or another secluded location, the use of a “date rape” drug (often Rohypnol, known as “roofies”), or other planning or coordination by the perpetrator. The acquaintanceship has usually established some level of trust between the two parties, so that in some cases the victim allowed the perpetrator into her home. New York recognizes and prosecutes three degrees of violation:
- Rape in the first degree is a Class B felony, the most serious rape charge. It is rape by force or compulsion, or where the victim is unable to consent, or is younger than 11, or younger than 13 if the perpetrator is over 18.
- Rape in the second degree is a Class D felony. It is the violation of someone younger than 15 by someone over 18, or intercourse with someone unable to consent because of mental incapacity.
- Rape in the third degree is intercourse with someone less than 17 (and thus incapable of consent), or intercourse with someone unable to consent for some reason other than mental incapacity.
Depending on the circumstances, a particular date rape allegation may be charged as a first, second, or third-degree rape.
Date rape cases often focus on the issue of consent. Typically in a date violation case, the defendant claims that the victim consented to sexual behavior. Whether or not this is true may be difficult for judges and juries to determine, particularly when alcohol is involved or when the two parties have previously dated or have been acquainted for a substantial length of time. Consent usually is not a defense, however, if a date rape drug is involved or if the victim was kidnapped or otherwise held against her will.
Stalking and sexual harassment are also sometimes elements in a date rape case. If either stalking or sexual harassment can be proven, these may be evidence of a perpetrator’s premeditation. All of these elements combine to make date rape cases among the most difficult of criminal cases for both sides; some cases are difficult to prove beyond a reasonable doubt, while others can be difficult to defend against.
False Accusations
It is important to understand date rape doesn’t need to be between people in a relationship or even between people who know each other. It can include sexual assault that involves the use of drugs or alcohol by the victim and renders the victim unable to give consent to sex. In other words, consensual sex can be called rape if the victim was drunk or high and it can include sex that was at the time consensual but the next day, week, month, or year, the victim decides to change their mind.
Individuals are wrongfully accused of date rape for a number of reasons. For example, the public was recently offered nail polish that purportedly detects date rape drugs by changing color. However, it turned out in laboratory tests that the nail polish is too sensitive, sometimes changing color when the user drinks milk or mineral water. If this nail polish had been used to convict someone of date violation, it would have been punishing innocent people.
Remember to exercise your right to remain silent and avoid answering questions asked by the police. Every client who is accused of committing sex crimes should contact an attorney for help before speaking to the police. Law enforcement may take what you say out of context so the prosecutors can use it against you in court during the trial. It is not required that you answer any questions related to the charges that you face. If you are arrested and facing charges, contact one of the experienced criminal defense lawyers at Mirsky Law Firm. Our attorneys provide clients with support while they are facing prosecution, and also fight tirelessly for justice on their behalf.
Hire A Long Island Date Rape Attorney
When you’re faced with the serious charge of date violation, you’re no longer worrying about that test or work presentation the next day. You forget appointments, you’re stressed, and you’re health suffers. All you want is to get that sense of normalcy back in your life. Whatever the circumstances, we understand you just wanted to go out for a nice night. The Long Island date rape defense attorneys at the Mirsky Law Firm understand misunderstandings happen, and we know you didn’t mean to do anything wrong.
The consequences of conviction can last beyond time in jail. It can lead to a loss of respect and trust from friends, family, and colleagues. It can make it difficult to restore that relationship or get into future relationships. You need to trust someone who knows you don’t want to be judged according to a misunderstanding. Let the Long Island date rape defense attorneys of the Mirsky Law Firm focus on proving your innocence, so you can focus on restoring your relationships.
If you live in the state of New York and you need a Long Island date rape defense attorney to prove your innocence against date rape do not hesitate to contact us. Please call our office or fill out the form on this site to talk to a Suffolk County criminal defense lawyer with years of experience in criminal law. The longer you wait to make that call, the less time we have to review your case, discuss the matter and our legal services with you, and prepare the best defense for your legal needs. Your freedom is at stake!Long Island criminal defense attorney.Long Island criminal defense attorney
