Facing Date Rape Charges in New York?

Date Rape and Drug-Induced Sex Crimes in New York

Date rape 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. 

Under state law, date rape is simply considered rape in the first degree. According to New York Penal Law §130.35, this class B felony – which can result in up to a 25-year prison sentence and up to $25,000 in fines – involves engaging in sexual intercourse with another person:

• By forcible compulsion
• Who is incapable of consent by reason of being physically helpless
• Who is less than eleven years old
• Who is less than thirteen years old and the actor is eighteen years old or more

Drug-Related Crimes Will Typically Be Charged in Conjunction with Other Crimes

Unlawful Administering of Drugs: N.Y. Penal Law § 120.05(5)

While not specifically labeled as "drug-induced rape," New York Penal Law 120.05(5) statute criminalizes administering a drug to another person without their consent, which can be relevant in cases where drugs are used to facilitate sexual assault.

Criminal Possession or Sale of Controlled Substances: N.Y. Penal Law § 220.00 - 220.78

If drugs are involved in the commission of sexual offenses, charges may also include those related to the possession or distribution of the drugs used.

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.

Penalties and Sentencing

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. 

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).

How We Fight Date Rape Charges in New York

Fighting date-rape charges require a specific and tactical defense. At the outset, it is critical to closely analyze the complaining witness's toxicology report to understand what if any drugs or alcohol were in his or her system during the encounter and at what levels. Even if controlled substances or alcohol does show up, it is then imperative to determine what effect these stimulants may have had on the ability to consent.

It is also crucial to understand how the drugs were ingested and to what extent the taking of the drugs or alcohol was in fact consensual. Indeed, if it can be shown that the complaining witness was not only complicit but took the initiative in drinking or taking controlled substances, this evidence can be useful in holding the government to proving this charge beyond a reasonable doubt.

Your Defense Begins Today

Should you find yourself being prosecuted for date rape, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Contact The Law Offices of Jason Goldman today.