NY Rape Defense Attorney
A person can be convicted of rape for any particular incident. Sexual relations aside, an individual can cry rape despite past consensual sexual relations. This happens among married 
individuals and dating relationships. So, the question now is: how does an accused prove that consent was also present at the time of the said rape? When does consensual sex become rape? Contact our NY Rape Defense Attorney in order to be provided with reliable criminal defense and spare yourself from rape charge in most quickest way in New York
Defining Consensual Sex
Sex with consent from both parties, both being able to or both having the capacity to give consent, is consensual sex. Anything that lack this element is considered as a criminal act - whether it be rape or sexual assault.
When Does Consensual Sex Become Rape?
Rape is defined as “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” It is clear through this definition that the most important element of rape is the lack of consent.
Some acts of rape include, but are not limited to the following:
- Having sexual intercourse with a woman who is passed out or unconscious is rape as it lacks the important element of consent;
- Having sexual intercourse with or forcing sex on a woman who is objecting or saying “no” is rape. The consent here is obviously lacking as the woman is saying NO;
- Grabbing a person and forcing sexual penetration of any kind also is rape. It lacks consent.
A dating relationship or marriage is not a good defense for rape. Consent must be given at every instance of a sexual act to be considered as consensual sex.
Even if the previous act just occured hours before the sex which lacks consent, there is already rape. There is also rape even if the acts leading to the sexual act was consensual but the intercourse itself occurs without consent.
The Charges You Must Face
The criminal charges you would face for the crime of rape would prove to be a challenge. More often than not, the cases become subject of the “he said, she said” dichotomy where both parties are not willing to make amends. Often, it is the accused that needs to prove his innocence in society while the court case is happening.
If you are facing criminal charges for rape, contact our NY Rape Defense Attorney in order to be provided with reliable criminal defense and spare yourself from rape charge in New York.
If you need our help immediately, you can visit our office at 464 Ocean parkway, Brooklyn, NY 11218 or just call our telephone at: (+1) 347-763-93-96.
