Our New York Date Rape Lawyer staff at Stephen Bilkis & Associates, PLLC states that date rape is defined as the unlawful sexual intercourse between two people. While most people think that rape has to be forced sexual intercourse, the fact is that rape can occur with or without force. One of the primary issues in any rape case is the issue of consent, and a victim cannot consent if they are rendered unconscious by drugs or alcohol.
One common method used to render people unconscious is by slipping 'date rape' drugs into their drinks at bars or parties. Perhaps the most popular of these drugs is called Rohypnol (called roofies.) Rohypnol has no taste, color or odor and is virtually undetectable when slipped into a drink. Although this drug isn't approved by the FDA here in the US, it's readily available in South America, Asia and Europe where it's used to help people suffering from insomnia.
Another popular drug is called Gamma Hydroxy Butyrate (GBH) or liquid ecstasy as it's known on the street. Like Rohypnol, GBH is also colorless, tasteless and odorless.
Ketamine Hydrochloride, also known as Special K, is another drug used by people for date rape. What makes this different is that it is a legal drug that's used by veterinary doctors to sedate animals.
The term “Date Rape Drug” came about in the 90s due to high-profile media stories where people were drugged and then raped. The way this happens is that one of these drugs are slipped into someone's drink while out at a bar or at a party. The victim, who may already be under the influence of alcohol, will become incapacitated and unable to consent to sexual intercourse. Drugging a person is a crime, but if sexual intercourse occurs while a victim is unconscious, a prosecutor may want to charge the perpetrator with a sex crime in addition to other charges. A person convicted of a sex crime may not only face heavy prison time, but may also have to register as a sex offender, which can severely limit where you can live, where you can work and where you can travel to.
If you've been charged with date rape, or possession of a date rape drug, please call our New York Date Rape Lawyer team at Stephen Bilkis & Associates, PLLC so we can review your case and advise you of your legal options.
Date rape cases provided challenges to both prosecutors and Criminal lawyers primarily because alcohol is often part of the equation. In such instances, a victim may not be able to clearly remember what happened, which means that proving or disproving consent is extremely difficult. Also, because these drugs only remain in the body for a short while, it's also difficult to prove that they were used in the alleged rape.
It's important to keep in mind that date rape need not involve drugs at all; just the lack of consent is enough to get someone charged with date rape. However, prosecutors must prove beyond a reasonable doubt that the victim didn't not consent to the sexual encounter. While not to minimize the crime of date rape, our New York Date Rape Lawyer staff will tell you that there are many instances in which a person does indeed consent to sexual intercourse only to have regrets later and then decide to accuse rape. While anyone can be accused of date rape, the majority of the cases involve young people in high school or college.
It's important that you contact an experienced New York Date Rape Lawyer should you ever find yourself accused of date rape. A conviction of rape can mean time in prison, hefty financial penalties and/or probation. As mentioned, under New York State laws, you may also have to register as a sex offender. It may limit your employment options as well as your dwelling places may be limited as well.
The most important thing to keep in mind if you're ever arrested and charged with date rape is to say nothing to the authorities until you've had a chance to discuss your case with one of our New York Sex Crime Lawyers. Our attorneys will review your case and help you mount a defense should you have to appear in court. Please call Stephen Bilkis & Associates, PLLC at 800.696.9529 for a free consultation. Contact one of our New York City offices that serves Manhattan, Staten Island, Queens, the Bronx or Brooklyn, or in Westchester County or one of our Long Island offices in Nassau County or Suffolk County.