Rape is defined as any sexual intercourse or sexual act that takes place without the victim's consent. While the age of consent may vary, it's generally accepted that people over the age of 17, who are not mentally disabled, are legally able to consent to sexual intercourse. There are very few exceptions to the age of consent, and if you have any questions about being charged with having sex with a minor, you should discuss them with a qualified Manhattan Rape Lawyer from Stephen Bilkis and Associates, PLLC to become better informed.
Statistics show that sex crime rates in New York are on the rise, with rape being the most common type. There are several types of rape: Statutory Rape and Spousal Rape, which often has elements of violence involved.
Like many sex crimes, rape has different degrees under the law. These degrees are: 3rd Degree Rape, 2nd Degree Rape and 1st Degree Rape. Each of these degrees is considered to be a felony and prison time will vary depending on the charge. These crimes are generally prosecuted by the New York City District Attorney’s office and the District Attorneys in Suffolk County and Nassau County.
Instances of Statutory rape are on the rise and they get quite a lot of attention in the media today as we see story after story about teachers having sexual relations with their underage students. These cases are sensationalistic, which is why they garner so much attention in the media. While society may have a differing viewpoint about these cases, the law stipulates that defendants in these cases should be treated the same regardless of whether the sex crime involves a male teacher with a female student, or the other way around. The District Attorney will most likely prosecute each case aggressively, which is why it's vital to have an experienced Manhattan Rape Defense Lawyer working just as aggressively on your behalf if you're ever accused of this crime.
Another type of rape that seems to be more common is forcible rape, or date rape. This type of crime happens when one party fails to consent to sexual intercourse. However, these cases often fall into a gray area when one party says consent was given while the other party denies it. Defending these cases can be tricky and may involve DNA samples as well as other evidence to prove guilt or innocence.
Contact our experienced and dedicated New York Sex Crimes Lawyer staff at Stephen Bilkis & Associates, PLLC for a free consultation at 800.696.9529. We can discuss possible defense strategies with you. Our New York City offices serve clients throughout the five boroughs of New York City including Manhattan, Brooklyn, the Bronx, Queens and Staten Island, as well as Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County.