Rape is defined as the act of having non-consensual intercourse with a person by the use of physical force, drugs or threats. Statutory rape, which occurs when an adult engages in intercourse with an underage person, is also a crime. Even though the intercourse may have been consensual, it is still a crime to have sex with an underage person. The age of consent in New York City is 17.

Degrees of Rape

First-Degree Rape

In order for a person to be convicted of first-degree rape, one or more of the following must take place.

• The victim was under the age of 11.
• The victim was under the age of 13, and the defendant was over the age of 18.
• Force was used during the sexual encounter.

Second-Degree Rape

• The person must be under the age of 15, and the defendant is over the age of 18.
• The person cannot consent to sex because they are mentally incapacitated or disabled.

Third-Degree Rape

• The person is under the age of 17 and is incapable of consenting to intercourse for some reason.
• The person is under the age of 17, and the defendant is over the age of 21.

Penalties for Rape

First-degree rape is considered a Class B felony. The punishment is 5 to 25 years in prison. A person can also be ordered to pay a fine of $5,000.

Second-degree rape is considered a Class D felony. The punishment is 1 to 7 years in prison. The fine is $5,000.

Third-degree rape is considered a Class E felony. A person could spend up to 4 years in prison. The fine is $5,000.

Keep in mind that the criminal consequences are not the only punishments for rape. You could lose your job if you are charged with rape. You may also lose your professional license. Additionally, you could lose custody of your children.

Simply being accused of rape can ruin your reputation. This is especially true if the case attracts a lot of media attention. No one wants to be affiliated with a person who has a rape charge. That is why it is important to hire a rape defense attorney.

How An Attorney Can Help You

Because of all of the consequences that you could possibly face, you should hire an attorney as soon as you find out about the possible rape charges. The prosecutors and defense begin the investigation as soon as a person has been charged. However, there are a variety of things that a defense attorney will explore in order to help a person get their charges dropped.

Here are some of the following defenses that can be used in a rape case.

• The victim lied about what really happened.
• The defendant was mistaken for another person.
• The defendant has an alibi.
• The defendant has proof that there was no way that they could have committed the rape. For example, the fingerprints and the DNA at the scene does not match the defendant’s. There may also be video evidence to prove that the defendant did not commit the rape.

An experienced rape defense attorney will be able to do the following for you.

• Inform you of all of your legal rights
• Tell you about sex offender registration
• Represent you and tell you whether it is to go to trial or take the plea deal
• Tell you whether you should submit to DNA testing