Sexual Misconduct Charges in New York City
Definition of Sexual Misconduct
SEXUAL MISCONDUCT is the charge given when a “superior” takes advantage of a “subordinate” sexually. This can be a teacher-student relationship, a doctor-patient, or employer-employee. If you have been charged with sexual misconduct this is an offense wherein you will want to have an aggressive New York criminal defense attorney on your side. These sorts of charges will follow you for the rest of your life and prevent you from proper employment in the future.
Enter a sexual relationship with a subordinate, even when the activity is initiated by the subordinated, is unprincipled due to the subordinate’s susceptibility to the other and the dissimilarity of power that typifies the affiliation.
New York State Laws
In the city of New York, sexually-based offenses are treated by the letter of the law, but are considered to be among the most heinous of crimes. Victims of sexually- based crimes are created each minute of every day, with no signs of slowing down.
Sexual misconduct, as defined in the New York penal code (S 130.20) states that you are guilty of sexual misconduct if you engage in sexual intercourse with someone without their consent; If you engage in oral or anal sexual contact without the other party’s consent; If you engage in sex of any kind with an animal…or dead body.
Sexual misconduct is a back door for the state attorney or city D.A. to take if they are unable to get a rape conviction. The original defendant is charged with rape, and he accepts a plea for sexual misconduct, which greatly reduces the punishment phase, and still nets the prosecutor a conviction. In some ways, this charge seems less severe, but remember that you will still carry a sexually based crime on your record forever.
Sexual Misconduct Charge Should be Defended by a Criminal Attorney
Sexual misconduct carries a maximum sentence of one year in jail, and at the very least will end with the defendant being sentenced to a probation period and no extra jail time. Since this is a class A misdemeanor, the maximum sentence is one year per count. This means if you have more than one instance of this charge stemming from the same arrest, you have multiple counts.
Your Best Defense
If you are charged with sexual misconduct, or any other sex crime, the first thing you want to do is refuse to answer questions of any kind until you speak to an attorney. You have the right to remain silent, and to have an attorney present before you say a word. Remember that many cases are convicted because of a crime scene or arrest confession, so resist the urge to explain. You will have time enough to explain things your lawyer.
Unfortunately, many people are wrongly arrested on sexual misconduct, and are innocent. This is an especially crucial time to confer with counsel before saying anything to the police. The authorities have an obligation to make an arrest in a sex crime case, so don’t take it personally. Your attorney can walk you through it with a minimal amount of upset, and can help prove your innocence the legal way. You should never explain your actions in a serious offense to anyone other than legal counsel.
People who are too familiar with co-workers and underlings are often charged with sexual misconduct. Sexual harassment in the workplace is not a joke, and this is one area where you can find yourself in a bad predicament if you are careless. Anyone could be charged initially with this offense, and it isn’t always a degenerate or pervert that gets snared on this issue. The only way to win a case is to act intelligently at the onset.
If you have been accused or charged with sexual misconduct call our law offices today to speak to an attorney.
It’s in your interest to talk to the best NY criminal attorney to avoid criminal prosecution!
