New York Rape
In New York, the crime of rape is defined as sexual intercourse with another without the consent of the victim. Some people may not be aware that even if two people know each other, if sex is nonconsensual it is considered rape. This offense is defined in New York Penal Law Section 130.035. This scenario is commonly seen in the case of date rape. A dedicated New York Rape Lawyer from the offices of Stephen Bilkis and Associates will tell you that rape is a serious charge and results in substantial and life-changing penalties. If you have been charged with statutory rape, aggravated sexual abuse (New York Penal Law 130.07) or even spousal rape, it is important to have a skilled New York Rape Lawyer from our team defend your rights. Sex crimes including Rape are on the rise in New York, and because of this, the New York District Attorney aggressively prosecutes sex crimes.
There are three possible charges for the crime of rape:
Rape in the 1st Degre (New York Penal Law 130.35): This offense is defined as engaging in sexual intercourse with another who is unable to consent due to physical helplessness, or a person who is younger than 11 years or younger than 13 years if the defendant is 18 years or older. This is classified as a B felony, which is punishable by up to 25 years in prison.
Rape in the 2nd Degree (New York Penal Law 130.30): This crime involves engaging in sexual intercourse with a person who is less than 15 years if the defendant is over 18 years, or the victim is unable to consent due to mental impairment. This crime is classified as a class D felony, which is punishable by up to 7 years in prison.
Rape in the 3rd Degree (New York Penal Law 130.35): This crime is defined as having sexual intercourse with a person who is unable to consent for any reason other than being 17 years, or with another person who is 17 years when the defendant is 21 years or older, or with another person who cannot give consent for any reason besides incapacity. This crime is classified as a class E felony, punishable by up to 4 years in prison.
The lack of consent is the key issue to a rape charge. Sexual conduct turns into a crime when the parties do not consent. If they are unable to consent, they were either forced to have sex and were unable to express themselves. Their inability to communicate could be due to mental illness or incapacity, or a physical incapacity. It is a defense if the defendant was unaware of the conditions that caused the incapacity to consent.
A charge of rape is often included under the umbrella term of child molestation. Child molestation refers to a number of sex crimes where a child is used for the purposes of sexual gratification. The U.S. Department of Justice says that child molestation involves interactions between an adult and child that are deemed inappropriate and where the child is used for sexual stimulation.
If you have been charged with child molestation, it is important to note that these trials can be particularly challenging so it is important to speak with an experienced lawyer as soon as possible. Juries are often biased, and will tend to believe a child over an adult. Also, children can be easily manipulated by friends, family and the prosecution. This, combined with the fact that it is possible to be convicted without the child ever even testifying, can prove challenging.
It is important to know that any penalty for rape may be enhanced if the defendant has a prior conviction, is on probation, there are aggravated circumstances present, or if there is a charge of statutory rape (sex with a minor).
If you have been charged with rape or any other sex crime, it is important to seek legal counsel right away. Sex crimes are not only aggressively prosecuted; they may carry severe penalties and can damage your reputation for many years to come. Speak with an experienced New York Sex Crime Lawyer from the office of Stephen Bilkis and Associates. Our office can explain your legal options can discuss possible defense strategies with you. Whether you have been charged with solicitation, sex with a minor, forcible touching (New York Penal Law 130.52), sexual child abuse, child pornography, prostitution (New York Penal Law 230) or an internet sex crime, you should call us to set up your free consultation. Our New York City offices serve clients throughout the five boroughs of New York City including Brooklyn, the Bronx, Manhattan, Staten Island and Queens, as well as Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County. Call us today at 800.696.9529.