In this day and age there are a lot of conversations being had on the subject of rape. People are learning that the conception they’ve had in their minds about rape doesn’t convey the complexity of the topic. Rape charges don’t just cover a violent sexual assault but rather they cover a range of sexual behaviors that are unacceptable.

Among the various rape charges that exist are the terms “date rape” and “statutory rape.” These are two different crimes that give some idea of the relationship between the victim and the assailant. In order to understand how these laws work, it is necessary to first understand what consent is as it directly figures into the charges.

What is Consent?

Sexual contact with another person is generally acceptable so long as consent is granted. But if consent is not granted then sexual contact enters into the realm of a sex crime. In its most basic definition, consent is a person agreeing to a sexual encounter. If an individual does not agree to have a sexual encounter with you then they have not given their consent.

This seems like a simple concept but it gets tricky. You have to be in your right mind in order to give consent. For example, an intoxicated individual can not give their consent. They may agree to a sexual encounter while under the effects of drugs and alcohol but they’re not considered to be in their right mind and therefore they are actually unable to consent.

Consent is also complicated when the person giving consent is of a young age. Those who are under fourteen cannot give their consent to have a sexual encounter with an adult, even if they show that they understand everything that is happening. These laws get more complicated when it comes to two young people having sex, as many states want to give some room for teenagers to explore their sexuality in a healthy manor without getting the law involved.

Others that can’t get their consent are those that are mentally ill and those that are developmentally disabled.

How Do Statutory Rape Laws Work?

Statutory rape occurs when somebody older than 18, an adult, has sex with a minor, some under 17. The sex may be consentual but the minor is considered to be incapable of giving consent. The details of the particular case will determine which of the following charges are applied:

• First Degree Rape: This covers sexual intercourse between a minor who is under 11 years of age and a defendant who is anywhere from 13 and older.
• Second Degree Rape: This covers sexual intercourse between a minor who is under 15 and a defendant who is at 18 or older.
• Third Degree Rape: This covers sexual intercourse between a minor who is younger than 17 and a defendant who is 21 or older.
• Criminal Sexual Act in the First Degree: This covers anal or oral sexual contact between a minor under 11 and a defendant who is 13 or older.
• Criminal Sexual Act in the Second Degree: This covers anal or oral sexual contact between a minor under 15 and a defendant who is 18 or older.
• Criminal Sexual Act in the Third Degree: This covers anal or oral sexual contact between a minor younger than 17 and a defendant who is 21 or older.
• First Degree Sexual Abuse: This covers any sexual touching, even above the clothes, between a minor under 11 and a defendant who is 13 or older.
• Second Degree Sexual Abuse: This covers any sexual touching between a minor under 14 and a defendant of any age.
• Third Degree Sexual Abuse: This covers any sexual touching, even above the clothes, between a minor who is 15-16 and a defendant who is at least five years older than the victim.
• Sexual Misconduct: This includes any oral or anal sexual contact or intercourse with someone who is younger than 17.

These range from misdemeanor crimes, as is the case with sexual misconduct, to class B felonies. Jail sentences range from several months in jail to upwards of 25 years in jail at their highest level.

Sex crimes will also follow you around for the rest of your life and you may be required by law to let the people around you know of your past charges depending on the circumstances of your charges.

How Do Date Rape Charges Work?

Date rape occurs when one individual has sexual intercourse with another individual that has not given their consent. The term date rape itself is not a legal term but rather it references the fact that the victim and the perpetrator of the rape knew each other beforehand.

Date rape is therefore not a charge itself but rather a way of explaining more about the details of the case, specifically the relationship between the two involved. Date rape cases are often quite complicated and they tend to hinge on the concept of consent to a larger degree than other sex crime related cases because of the defendant and the victim’s prior relationship.

What Should I Do If I’m Facing a Rape Charge?

If you have been accused of statutory rape or date rape then it can feel like your life is falling apart around you. This is especially true if you didn’t commit any crime or didn’t realize that you were, as can be the case with statutory rape charges that occur between two young individuals.

Before you start to panic, the best thing to do is to speak to an attorney that has experience with statutory rape cases. An experienced attorney will be able to set your mind at ease and walk you through everything that you should expect in handling the charges. Mirsky Law Firm has knowledgeable attorneys that are ready to help. Give us a call at (516) 299-6187 to see how we can help.