Is there a difference between rape and a miscommunication?

Like if one of the partners didn’t hear the other one or misinterpreted what the other person said. Is it still rape no matter what? Or is it up to the other partner to determine whether they misunderstood them or not?

Asked on November 12, 2011 under Criminal Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Rape is a statutory charge which is the unconsensual intimate relations with another person. Whether the intimate acts were consensual or not are typically proven by medical evidence concerning the two parties involved in the incident.

There is a big difference between rape and miscommunication. If you have been charged with rape and do not have legal counsel, you should retain one. Good luck.


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