In intoxication and drug cases, often “morning after” rape allegations arise.This is when one partner voluntarily engages in sexual activity but later claims that they don? In these cases, it is often useful to have the complaining witnesses blood, urine or other fluids reviewed by a forensic expert to determine what substances affected the complaining witness and how much of that substance they ingested.
It can have long lasting repercussions on your life and would require the services of a Westchester County Sex crimes attorney.
The White Plains Sex crimes lawyers at The Law Offices of Michael H.
However, just because a person is mentally disabled, mentally incapacitated or physically helpless does not mean that you are guilty if you did not know about the mental disability, incapacitation or physical helplessness.
Under Penal Law 130.10 where the victim’s lack of consent is based solely upon incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.
If you are facing allegations that you committed a sex crime, contact us immediately.
Additionally, never speak with the police without an attorney present.A person is “Mentally Incapacitated” if they are temporarily incapable of appraising or controlling their conduct because of the effect of a narcotic or intoxicating substance administered without their consent, or to any other act committed upon him without his consent.Physically helpless means that a person is unconscious or is physically unable to communicate unwillingness to an act.Even where a complaining witness was drunk or has used drugs, they are not necessarily physically helpless.So long as they can communicate whether or not they want to engage in sexual activity, there is no crime, even if they regret their actions later.Rape in the first degree occurs when someone has sexual intercourse with another person by forcible compulsion; or who is incapable of consent by reason of being physically helpless; or who is less than eleven years old; or who is less than thirteen years old and the actor is eighteen years old or more.