New York Sex Crimes Frequently Asked Questions

What is a sex crime in New York?

A sex crime is an offense that involves the defendant making some sort of contact with the intimate parts of the victim, without the victim’s consent. While a sex crime can involve sexual intercourse, sexual intercourse is not necessary for an action to be a sex crime. Intentionally touching another person’s intimate parts without that person’s consent would also be a sex crime. There are sex crimes that are felonies as well as misdemeanors. Whether you are charged with a misdemeanor or felony sex crime, we the New York sex crimes lawyers at the Law Offices of Stephen Bilkis & Associates are here to help and ensure that your legal rights are protected.

What is the difference between rape and sexual criminal act?

Both rape and sexual criminal act involve having sex with another person without that person’s consent. The difference is that for the charge to be rape, the sex act involved must be sexual intercourse, and for the charge to be criminal sexual act, the sex act must be anal or oral sex. However, whether the charge is rape or criminal sexual at, if you are convicted the consequences will be same. Thus, if you are charged either rape or sex criminal act, it is critical that you are represented by an experienced sex crimes attorney familiar with New York criminal law, as you face the possibility of significant prison time as well as other life-changing consequences.

How are the charges of rape in the first degree, second degree, and third degree different?

Whether your face a charge of rape in the first, second, or third degree depends on the age of the victim and whether force was used.

If you are accused of having nonconsensual sexual intercourse with a victim who less than 17 years old and you are at least 21, then the charge you will face is rape in the third degree. You will also face the charge of rape in the third degree if you have sex with someone who was incapable of consenting for a reason other than being less than 17 years old, or the lack of consent was based on a reason other than incapacity to consent. Even though rape in the third degree is the least serious rape charge, it is still a class E felony.

If you are accused of having nonconsensual sexual intercourse with someone who is 15 years old or younger and your are at least 18, you will be charged with rape in the second degree. If you have sexual intercourse with someone who is mentally disabled or mentally incapacitated, you will also face the charge with rape in the second degree which is a class D felony.

Rape in the third degree is the most serious rape charge. You will face this charge if you have nonconsensual sexual intercourse with someone by using force. If the victim is less than 11, is physically helpless, or if you are at least 18 years old and the victim is less than 13 years old. It is a class B felony.

How are the charges of criminal sexual act in the first degree, second degree, and third degree different?

The differences in the charges is the same as the differences between first, second and third degree rape, expect the sex act involved is anal or oral sex and not sexual intercourse.

Can I be charged with a sex crime even if I did not have sexual intercourse?

Yes. There are sex crimes that do not involve sexual intercourse. For example, criminal sexual act does not involve sexual intercourse, but oral sex or anal sex. In addition, there are sex crimes that do not involve sexual intercourse, oral sex, or anal sex. Forcible touching and sexual abuse involve the defendant intentionally making contact with the victim’s sexual or intimate parts for no apparent reason or for sexual gratification.

What are the consequences of being convicted of a sex crime?

If you are convicted of a sex crime you may be sentenced to prison. The amount of time will depend on a number of factors including whether the crime was a misdemeanor or a felony, the specific crime, and your criminal history. You will also be required to pay fees and fines. You will have criminal record. This means that whenever you apply for a job, try to rent an apartment or do anything that requires a criminal background check, your criminal history will be discovered. As a New York sex crimes lawyer will explain, unlike other crimes, if you are convicted of a sex crime you will be required to register as a sex offender.

What is sex offender registration?

In New York there is a law called the Sex Offender Registration Act. The law established a sex offender registry within the Division of Criminal Justice Services (DCJS). Information included in the registry includes the defendant’s home and work addresses, details of the crime that triggered registration, and a photograph of the defendant. This information must be updated periodically, and the defendant must let the DCJS know if he or she moves. Information in the registry is available online. If convicted of a sex crime you will remain in the registry for at least 20 years and perhaps for life.

Still have questions? Contact the Law Offices of Stephen Bilkis & Associates

If you are convicted of a sex crime, even a misdemeanor, your life will be forever changed. Not only is there a good chance that you will end up in prison, you will have a criminal record and you will have to register as a sex offender. However, an experienced sex crimes attorney serving New York at the Law Offices of Stephen Bilkis & Associates has the knowledge and resources to build a strong defense against such charges. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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