Sex Crimes Against the Minors is a Serious Charge in NYS
Definition of a Sexual Abuse Against Children
Sexually based offenses, such as sexual misconduct or rape in the third degree are certainly crimes that are looked down upon by the legal system. This is especially true of crimes committed against the disabled and children, as these are considered to be the most reprehensible.
In 1973, Congress held its first hearings on child abuse and child sexual abuse has been recognized as a type of child maltreatment in American federal law since.
Many people outside of the legal profession, law enforcement or social service agencies are confused about exactly what child sexual abuse is. All sexual action between a grown-up and a child is sexual abuse; sexual touching among children may also be considered sexual abuse.
Sexual abuse of children is frequently well-defined as when there is a noteworthy age variance, normally three years or more between the ages of the children involved. Child sexual abuse doesn’t have to include penetration, pain or even touching. If a grownup participates in any sexual conduct with a child to meet the adult’s attention or wants, then it’s sexual abuse.
Penalties and Sentencing
An individual accused of child sexual abuse is looking at a range of penalties and sentencing possibilities. Criteria, such as the child’s age, whether the child was physically or mentally injured and the record of the offender are taken under review when sentenced.
In New York, child sexual abuse may be either charged as a felony or a less serious offense depending on the circumstances. The most severe cases of child abuse carry the potential of felony lifetime sentences while the least serious are considered misdemeanours with the possibility of no jail time. Normally, punishment will be more severe if the offender has a prior history of criminal child sexual abuse and reduced if a prior record doesn’t exist.
When it comes to sentencing, the defendant might plead guilty or not guilty. In some cases, sentencing typically includes probation or a prison term up to five years. In more egregious cases, a sentence to include a longer prison term is not unheard of.
Other penalties:
- Permanent mandate to participate in a sex offender registry as a child sexual criminal
- Loss of parent rights
- Demolished reputation
- Felonious record
- Superintended access to the child
- Participation with the child protective services agency
Individuals not failing to report child sexual abuse may also face penalties in New York. If a person has cause to suspect that somebody is sexually abusing a child, they are obligated to report it to a hotline or law enforcement agency. Failure to report these cases, in a judicious way, is a misdemeanor and could end in fines, jail time or both.
Hiring a New York sex crime attorney
If you have been charged with a sexual offense against the handicapped or a child, the first thing you need to know is that you have the right to remain silent. Never talk to the police. They have a job to protect the citizens, and that is what they feel they are doing. In this instance, the police are not your friend. Don’t say anything beyond your name and birthdate, and have your attorney handle all negotiations, interviews, or interrogations. That is what he or she is for.
Your sex crimes attorney should be skilled in defending those charged with sexually based offenses. The attorneys at Law Office of Bukh Law Firm, PLLC are well versed in sexually based offenses and have a great track record of defending these types of cases.
In sexually based criminal cases where the victim is incompetent, the defendant must fit the requirement of reasonable knowledge of the victim’s handicap. Professionals, like doctors and therapists, can defend against their accusations of sex crimes if the actions performed on their patient were for valid medical or health care purposes.
Not all persons who are charged with a sex crime are guilty, but it may appear so to the investigative authorities. In this case, you will likely be arrested and/or charged with a crime. This is the time to remember that your guilt or innocence could be clouded by what you say initially. Let an attorney decide what to tell the police. If you are frustrated and angry, this is not the time to be loose-lipped.
If you are a physician or healthcare provider, it is possible to win cases against allegations of sexually based crimes when the patient agreed to have the medical procedure performed, even if other healthcare professionals advised against these procedures on the basis that they may be inappropriate for treating the patients’ medical condition. Of course, if a healthcare professional is married to the victim and he or she performs a medical treatment that could be deemed a punishable offense and the victim is incapacitated, it is legal for this health care professional to perform these actions. So long as it is a valid medical treatment.
There are many ways in which to land yourself in hot water with the law over sex crimes in NYC.
If you are charged, you may feel like your life is over. It’s not! There are many ways in which your attorney can defend your rights. Many prosecutors bring forth cases where the defendant is charged with minimal evidence to support charges. It is completely possible to beat these allegations and have your charges dismissed.
If you have been accused of committing a sex crime in New York, contact us 24 hours per day 7 days per week.
