Rockland County Date Rape Lawyer

A date rape is any sexual contact that a person commits upon another while they are unable to consent due to the effects of a drug. In addition to the most serious version of this allegation, where a person has sexual intercourse with someone who is unconscious, it is also illegal to have any sort of sexual contact with another incapacitated person. Also, using any drug in an attempt to have nonconsensual sex with another is also illegal.

These laws combine to punish many types of sexual behavior that are aided by the use of a drug. No matter the exact circumstances that led to the charge, a Rockland County date rape lawyer can help you refute the idea that the sexual contact was not consensual and that the use of a drug-aided your alleged crime. You need to be able to tell your side of the story and a well-versed sex crimes lawyer can help you do that.

The Use of Drugs to Aid a Rape

Merely possessing a drug and using it to help commit a sex crime is illegal. For example, according to New York Penal Law §130.90, if a person brags to a friend that they have obtained Rohypnol (roofies) with the intent of using it to take advantage of another person, they committed this offense/

It does not matter whether the alleged victim was actually incapacitated by the drug, the mere idea that the drug was given without permission is usually enough to warrant a conviction. This is a class D felony.

The Core of Date Rape Charges in Rockland County

Date rape is not a term that is found in New York’s Penal Law. Instead, the law treats allegations of using a drug to commit a sex crime as a common rape or a criminal sexual act. Anytime an alleged victim cannot consent to sexual contact because of a physical incapacity, the criminal charges that follow will be severe.

New York’s Penal Law reserves the most serious allegations of rape for situations where the alleged victim is physically incapacitated. This includes cases where a person is alleged to have used a drug to induce the incapacity. New York Penal Law §130.35 states that this activity is rape in the first degree. A conviction here is a class B felony.

In addition, a person does not need to have had sexual intercourse to commit a crime. Under New York Penal Law §130.50, this is known as a criminal sexual act in the first degree. This applies in scenarios where someone is alleged to have had any oral or anal sexual contact with another. New York treats this allegation just as seriously as those involving sexual intercourse; a conviction is also a class B felony. A Rockland County date rape lawyer could help mitigate the penalties that an individual may face.

A Rockland County Date Rape Attorney Is Here to Help

New York treats any allegation that a person used a foreign substance to help commit a sex crime as a felony level offense. In addition, any rape or criminal sexual act committed against a person who is unable to consent due to a physical incapacity is a class B felony. This includes a person unable to consent due to the use of drugs, even if they use the drugs willingly.

A Rockland County date rape lawyer could work to investigate the incident, contest the idea that any sexual contact took place, and fight back against the concept of the use of a drug to help commit a crime. An attorney could work to defend your rights in court and protect your standing in the community. Call today to let them get to work for you.