Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

Understanding what qualifies as a lack of consent

One of the more difficult aspects of dating in Kew Gardens may be interpreting the signs that your partner may be giving off indicating his or her interest in escalating the level of intimacy between to the two of you. Several of those that we here at Robert D. DiDio and Associates have worked with in the past have allowed such indicators to prompt them to initiate sexual relations with partners, yet later were told they were never given consent to do so. According to Section 130.20.3 of the New York Penal Code, such an action meets the definition of third degree rape.

Information shared by the U.S. Department of Justice shows that 57 percent of alleged rapes occur on dates. Yet what a dating partner may be claiming as rape, you may rightfully believe to have been a consensual encounter. The determining factor in such a case will typically come down to the application of the definition of lack of consent.

New York’s guidelines regarding consent state that, other than forcible compulsion or a victim’s incapacity to give consent, a lack of consent is indicated when an alleged victim clearly expresses that he or she does not agree to engaging in certain activity, and any reasonable person in your situation would have picked up on such hesitation. In the absence of evidence indicating compulsion or incapacity, both elements of the aforementioned scenario must be proven. If your partner never voiced his or her opposition to an encounter or acted in such a way as to indicate being uncomfortable with it, you may have reason to claim that you thought whatever actions you were engaged in were consensual.

You can find more information on defending yourself from accusations of sex crimes here on our site.  

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. Johnny From Astoria

    "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved...

    - GREAT JOB MR. DiDIO!”
  3. Frank from South Jamaica

    “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove...

    - GREAT JOB MR. DiDIO!”
  4. Lamar from Brooklyn

    “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from...

    - GREAT JOB MR. DiDIO!”
  5. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  6. Kenny From Jamaica Queens

    “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me...

    - GREAT JOB MR. DiDIO!”
  7. Christian from Long Island

    "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to...

    - GREAT JOB MR. DiDIO!”
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map