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New York Spousal Rape

A New York Spousal Rape Lawyer will tell you that there are many different types of rape charges. In general, rape (New York Penal Law 130.05) is defined as the forced act of intercourse without the victim’s consent. Spousal rape is a difficult area to litigate because of the nature of the relationship between the parties. The key legal issue in these cases is consent, which can be a very grey area. If you have been charged with a sex crime, including prostitution (New York Penal Law 230.00), sex with a minor, failure to register as a sex offender (SORA), or sexual assault (New York Penal Law 130.95), speak with a dedicated New York Spousal Rape Lawyer from the office Stephen Bilkis and Associates right away.

This is an area of law that has evolved in the recent past. The concept of marital rape was first established in the 1970’s. By 1993, the crime of spousal rape is currently illegal all 50 states. It is important to know that spousal rape can occur with a current marital partner, ex-spouse or long-term partner. The actual sex act that occurs can vary, with the crucial element being whether there was consent or not.

Even though spousal rape takes place between married couples and long-term partners, it is still classified as a serious sex crime with significant consequences. The important element in these cases is consent, and whether consent was present at the time of the sexual act. It is important to note that just because a spouse says “I do” when they are married, doesn’t mean that they say “I do” to sex anywhere, anytime and in any circumstances. Examples of marital rape often include the following scenarios:Mental Incapacity: Spousal rape occurs where the victim suffers from mental incapacity, which can include the use of drugs or alcohol and consents to sex (but doesn’t appreciate what they are doing), or doesn’t consent.

Forcible Complusion:Include threats and physical force. If the spouse consents because they are afraid, this is considered spousal rape.

The crime of spousal rape is broken down as follows:

Rape in the 1st Degree: The victim is forced to have nonconsensual sex. This crime is a B felony, and is punishable by a fine and up to 25 years in prison.

Rape in the 2d Degree: This involves sexual intercourse with someone who is unable to give consent. It is a D felony, and is punishable by a fine and up to 7 years in prison.

Rape in the 1st Degree: This crime involves having nonconsensual sex with someone capable of giving consent but for whatever reason does not (such as being threatened or because force is used). It is an E felony, and is punishable by probation and 4 years in prison.

The crime of sexual assault is related can be related to this crime in some cases. A sexual assault (New York Penal Law 130.95). It is also a crime of power and control. The crime involves sexual contact of the victim without their consent. Some scenarios that would involve sexual assault include:

  • Rape
  • Attempted rape
  • Forcing a victim to perform a sexual act such as oral sex
  • Unwanted sexual touching.

If you are convicted of either any of these crimes, you will likely have to register as a sex offender under the Se Offender Registration Act (SORA). This registration is required under both federal and state law. There are three levels of registration, with level three considered the highest risk. There is a list of duties that go along with registration, such as notifying authorities of any address change, employment status, and providing authorities with internet provider and email information.

If you have been charged with a sex crime, including charges of sexual assault, child molestation, forcible touching (New York 130.52), lewd conduct (New York Penal Law 245.05) or date rape, it is important to seek the legal guidance of a skilled New York Sex Crime Attorney from the office of Stephen Bilkis and Associates. The penalties for sex crimes can be harsh and may include jail, fines, court-ordered psychological treatment and possible registration as a sex offender (SORA). Come in and speak with our New York Sex Crime Attorney to discuss potential defense strategies. 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 to schedule your free consultation