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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.  

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
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