Criminal Law Firm New York City Sexualassault No Prosecution

The client described meeting the complainant at a social gathering, exchanging contact information, and receiving a message from her later that evening inviting him to meet at her location. 

They voluntarily decided to go to the client’s residence, where consensual sexual intercourse occurred. 

The complainant left without displaying distress, and the client assumed the interaction had concluded amicably. 

Only days later did he learn that the complainant had reported the encounter as sexual assault. 

Defense counsel emphasized the mutual nature of the interaction and the absence of conduct suggesting force, threat, or coercion central issues under Penal Law Article 130.

If prosecutors accepted the complainant’s narrative, the client faced exposure to felony charges carrying potential prison terms, mandatory registration, and severe collateral consequences. 

The defense explained that consent analysis is highly fact dependent, and that contradictory evidence must be presented before the District Attorney determines whether to file charges.

Security footage from the client’s apartment building showed the complainant voluntarily accompanying the client, calmly waiting behind him at the entry keypad, and exhibiting no distress or attempt to flee. 

Under New York prosecutorial guidelines, such behavior is inconsistent with claims of fear, coercion, or inability to consent, sharply undermining the complainant’s allegations.

The complainant requested the use of contraception before a subsequent consensual act behavior inconsistent with a person acting under coercion. 

She also engaged in casual conversation after the encounter, including asking the client’s age, and left the residence without making any immediate report. 

These indicators, when evaluated collectively, strongly contradicted the narrative of non consensual conduct.

Prosecutors formally issued a Decline to Prosecute (DNP) determination, citing inconsistencies between the complainant’s statements, the objective video evidence, and her post incident behavior. 

The defense’s organized presentation of facts, contextual analysis, and legal argumentation persuaded the District Attorney’s Office that the matter did not warrant criminal charges. 

As a result, the client avoided arrest, indictment, and any public criminal records, preserving his academic standing and future opportunities.