Westchester County Date Rape Lawyer
Date rape accusations can be extremely difficult to handle both in and out of court. To defend yourself against these charges, it may be important for you to contact a Westchester County date rape lawyer as soon as possible.
Dedicated legal counsel could review the facts and evaluate all your possible defenses. An aggressive attorney could also conduct their own investigation to unearth any evidence that might benefit your case. Then, they could advise you on your legal options and come up with a strategy that works for you, with the goal of protecting your rights throughout the process and achieving a positive outcome on your behalf.
Common Date Rape Scenarios and Accusations
Like its name implies, date rape usually involves accusations of unconsented sexual intercourse in a dating or social relationship. However, date rape allegations may also occur among those in a longer-term relationship, or even among married individuals.
In many instances, the alleged victim claims that the defendant intentionally administered a drug or other substance to dull their senses, render them unconscious, or otherwise remove their capacity to consent. These substances could include narcotics, muscle relaxants, tranquilizers, or other similar compounds.
Defending Against Date Rape Accusations
First and foremost, the defendant in a date rape case may be able to claim that they did not administer any kind of chemical compound or substance that would cause drowsiness or lack of awareness. For example, many such substances are prescription drugs. A defendant could present evidence that they never received a prescription for such drugs and never possessed them.
Alternatively, defendants may be able to find witnesses to support their version of events or contradict their accuser’s claims. In some instances, security footage or other such physical evidence may also support a defendant’s claim that they did not dose the other individual with any substance.
Other defenses may apply depending on the facts of each individual case. Therefore, any individual facing date rape accusations may benefit from contacting a Westchester County date rape lawyer for help planning and structuring their defense.
Date Rape Punishments in Westchester County
Date rape may result in different charges—and different potential punishments—depending on the circumstances of the case. The definition of both third-degree and first-degree rape may fit any given date rape scenario.
Generally, a charge of rape in the third degree is a class E felony and covers any sexual intercourse to which either individual involved did not consent, according to New York Penal Law §130.25. However, if an individual is accused of rendering the alleged victim unconscious, they may be charged with rape in the first degree under NYPL §130.35, a class B felony.
As felonies, both third-degree and first-degree rape carries a minimum prison sentence of at least one year. However, first-degree rape may include a potential maximum sentence of up to 25 years in prison. As such, it may be important for any individual charged with date rape should seek out a Westchester County date rape lawyer to analyze their case and determine the best course of action.
Get Help from a Westchester County Date Rape Attorney
In many situations, date rape accusations can be complicated, involving different points of view and various witnesses. Those charged with date rape may benefit from a qualified attorney’s help when organizing their case and sorting through all the evidence.
A qualified Westchester County date rape lawyer should be familiar with local laws and how best to defend against date rape charges. They could help you sift through the evidence in your case to develop a good defense and work to defend your rights at every step of the way. For more information or to schedule a consultation, call today.