Rape Charges in New York City: You Need a Top Sex Crimes Attorney
Definition of Rape
RAPE is the criminal act of forced sexual relations with another persona against that person’s will. A spouse many be convicted of rape if the actor forces the spouse into nonconsensual sex. Typically, the victim has to exhibit some form of physical resistance. In some situation, proof of verbal objects to the sexual acts can be enough to prove lack of consent. Sexual contact with a minor or incapacitated person may also be considered rape.
Rape is a type of sexual assault normally involving sexual intercourse or another form soft sexual penetration against one or more individuals without the consent of those individuals. The act may be perpetrated by several methods involving pressure, force or coercion.
There are several types of rape, and the act is normally categorized by the situation in which it occurs, the characteristics of the victim and/or the characteristics of the perpetrator.
Different types of rape include date rape, gang rape, marital rape, child sexual abuse, acquaintance rape and statutory rape.
Date Rape
Date rape normally falls into the category of acquaintance rape. While the two phrases are used interchangeably, date rape specifically refers to a rape where a romantic, or potentially romantic relationship exists, between the perpetrator and victim. Acquaintance rape, on the other hand, have previously known each other. Date rape is prevalent on college campuses where it frequently happens in situations where alcohol or other drugs are present and abused.
Statutory Rape
In most common law jurisdictions, statutory rape is sexual action where at least one person is below the legal-age required to be able to consent legally to the act. While it usually refers to adults having sex with minors under the age of consent, it is a generic term, and New York does not sue the actual term, statutory rape, in the statutes.
In statutory rape, force or threat does not need to be used. Statutory rape laws operate on the presumption of coercion. A minor or mentally handicapped adult is lawfully incapable of giving consent.
In quite a few jurisdictions, the age of consent is understood to mean mental or purposeful age. Because of this, many victims may be unable to agree to a sexual act regardless of their chronological age. The laws in New York are intended to punish heinous cases of an adult take sexual advantage of a minor. New York also specifies a minimum variance in chronological age in order for the offense apply.
On these terms, an adult who is less than three years older than the minor, will normally not be prosecuted. The clause is called the “Romeo and Juliet” clause. “Romeo and Juliet” laws are normally unavailable as a defense in any case where the older member has a place of power over the younger, irrespective of their ages. The Romeo and Juliet clause could also be thrown out if there were any physical force used or a serious physical injury resulted.
Rape Charge Penalties and Sentencing
Allegations of rape can destroy a person’s life. Rape is seen as one of the worst crimes that can be committed, as the psychological damage to the victim lasts a lifetime. The New York penal code strictly punishes those convicted of sexual criminals, especially when the act is committed against a minor.
According to New York Penal Code S130.35, 1st degree rape is defined by the perpetrator forcibly compelling a person to have sexual intercourse. There are also cases in which the victim may be incapacitated and unable to resist the attacker, or may be a minor child. In any event, the severity of the offense is directly proportional to the perceived heinousness of the offense.
Rape in the second degree, S130.30 is considered a lesser but no less shocking offense, but punishments could be less severe. The law states that you are guilty of rape in the second degree if you engage in sexual congress with someone who is unable to consent by reason of mentally disabled or incapacitated. The Penal Code also clarifies that if you are eighteen or more and are having sex with someone under the age of 15, you are also within the sentencing guidelines of rape in the second.
NYS Penal Code Stipulates Life Sentences for Rape
Rape in the third degree as decreed in the New York Penal Code, is when the defendant is 21 or older and has sexual intercourse with someone under 17. The defendant may also be found guilty of rape in the third degree if he or she is caught having sex with someone that is incapacitated for any other reason besides inability to consent. While it is true that this is a far less serious offense, it is still dealt with harshly in a court of law.
Since there is considerable pressure in today’s society to punish rape in any form, the judicial system is designed to be difficult to navigate to make it harder for defendants to wiggle out of a conviction. In many cases, the evidence may be subjective or even latent. There are often times situations where the accused may be wrongly jailed or arrested. It is imperative to hire an attorney that is willing to fight for you when faced with a wrongful accusation. In other cases, the evidence may be overwhelming in appearance, but the accused may have a solid basis for defense.
If charged with rape in NYC, contact a reputable New York criminal attorney ASAP
When faced with a daunting arrest for rape in any form, you should seek the advice of an attorney that focuses on sex crimes. There are cases where there is mitigating evidence that may help in a court of law, but without the proper counsel, the defendant is powerless to present a defense. The percentage of rapes versus convictions is usually very high, so it isn’t a wise choice to go it alone.
When you are charged with a sex crime, it is important to remember that you have a right to remain silent. You have the right to an attorney and one phone call.
Rape charge is a very serious situation in the State of New York. You need the help of a top ranked NYC defense lawyer to avoid stiff penalties including jail time.
Don’t let an accusation of rape take your freedom, ruin your relationships and destroy your good name. Get help fighting charges from New York City criminal defense lawyers. Call 800-601-0207 any time 24/7.
