Sex Crimes Attorney In New York
Sex Crimes in New York are not defined. There is not one book or one definition of sex crimes in New York. However, jurisprudence and common sense may give us all a sense of what sex crimes are and how they are defined in the city. Сontact our Sex Crimes Attorney In New York that will provide you with solid criminal defense you require.
Defining Sex Crimes
The definition of sex crimes is one that requires a lot of specificity. In New York, a sex crime is practically anything that would require registration under the New York Sexual Offender Registration Act (SORA) and the New York Penal Code.
New York Penal Law is explicit in saying that the following are sex offenses:
- Under Section 130.05, Sex offenses where there is lack of consent;
- Under Section 130.20, Sexual misconduct which is considered as a misdemeanor;
- Under Section 130.25 or Rape in the third degree which is a Class E Felony;
- Under Section 130.30is called Rape in the second degree and it is considered as a Class D FELONY;
- Under Section 130.35or Rape in the first degree, it is a sex crime and is considered as a
Class B FELONY;
- Under Section 130.40, a sex crime is defined as well as a Criminal Sexual Act in the third degree and is considered as a Class E FELONY;
- Section 130.45 punishes Criminal Sexual Act in the second degree, and it is considered as a Class D FELONY;
- Section 130.50 is Criminal Sexual Act in the first degree and is considered as a Class B FELONY;
- There is also a sex crime under Section 130.52 which is called Forcible touching and is considered as a misdeameanor;
- Section 130.53 punished Persistent sexual abuse and is considered as a Class E felony;
- Section 130.55 is defined as sexual abuse in the third degree and it is considered as a misdemeanor;
- Under Section 130.60 it is punishable as sexual abuse in the second degree and is considered as a misdemeanor;
- There is also Section 130.65 or sexual abuse in the first degree and is considered as a Class D Felony;
- Under Section 130.65a, there is also aggravated sexual abuse in the fourth degree and Class E Felony;
- Under Section 130.66, there is also aggravated sexual abuse in the third degree as a
Class D Felony;
- There is also Section 130.67 or denominated as sexual abuse in the second degree and is considered as a Class D Felony;
- Section 130.70 punishes aggravated sexual abuse in the first degree and is a Class B Felony;
- Under Section 130.75, it is punishable as course of sexual conduct against a child in the first degree and is a Class B Felony;
- Under Section 130.80, it is defined as Course of sexual conduct against a child in the second degree and is a Class D Felony;
- Under Section 130.85, female genital mutilation is considered as a felony and is a Class E felony;
- There is also Section 130.90 or facilitating a sex offense with a controlled substance and is considered as a Class D Felony;
- A Sexually motivated felony is punishable as a sex crime under Section 130.91;
- Under Section 130.95 is defined as predatory sexual assault is punishable as a Class A-II felony; and
- Section 130.96 is punishable as Predatory sexual assault against a child and is a Class A-II felony.
New York Law also explicitly defines terms related to sexual crimes. The following is a short list of the important terms that you may come across if you are being prosecuted for a sex crime.
The definitions are listed under Section 130 of the New York Penal Code, to wit:
- The term “Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight the penetration;
- "Oral sexual conduct" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina;
- "Anal sexual conduct" means conduct between persons consisting of contact between the penis and anus;
- "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed;
- "Mentally disabled" means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct;
- "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent;
- "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act;
- "Forcible compulsion" means to compel by either through the use of physical force or a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped;
- "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury;
- "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact;
- "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child;
- "Health care provider" means any person who is, or is required to be licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry;
- "Mental health care provider" shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.
These definitions are definitions straight from the New York penal code itself. Like in any criminal prosecution, the burden of proof lies in the prosecution and defenses are available to prove the innocence of the accused.
However, it is important to have a good lawyer who can handle your defense with the experience and expertise needed.
What Are The Evidentiary Matters for A Sex Crime Prosecution in New York?
Defending a criminal case for a sex crime requires focus on evidentiary matters, the limitations of the application of the law and so many other nuances that could help make the case for the individual accused.
In any kind of sexual crime prosecution, there are defenses available. From Section 130.10 of New York Penal Code, it provides that the “victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent”.
If the individual being prosecuted performed the act for a valid medical or mental health care purpose, there shall be any violation of any section of the Penal Code relating to lack of consent. Your healthcare professional is protected by law in this manner.
Futher, the law also provides that any prosecution for the crime of rape in the third degree, criminal sexual act in the third degree, aggravated sexual abuse in the fourth degree, or sexual abuse in the third degree, it shall be an available “affirmative defense that the client or patient consented to such conduct charged after having been expressly advised by the health care or mental health care provider that such conduct was not performed for a valid medical purpose”.
The law also provides that “in any prosecution under this article in which the victim's lack of consent is based solely on his or her incapacity to consent because he or she was less than seventeen years old, mentally disabled, a client or patient and the actor is a health care provider, detained or otherwise in custody of law enforcement or committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital and the actor is an employee, it shall be a defense that the defendant was married to the victim”.
In a way, other than your innocence, you need to be able to prove that you are not guilty of the sexual offense being attributed to you.
What Are Called Corroborative Evidence?
Whenever an individual is being prosecuted for a sexual crime, corroborative and direct evidence must be presented. For corroborative evidence, they must be able to do the following:
- Establish that an attempt was made to engage the victim in sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact, as the case may be, at the time of the occurrence; and
- Connect the defendant with the commission of the offense or attempted offense.
Federal Sex Crimes
Being a State in the United States, there are also Federal Sex Crimes that can be prosecuted in New York. While sex crimes are often prosecuted at a state level, they can also be prosecuted as a federal crime whenever they violate federal law.
Under the United States Criminal Code, federal sex crimes can be prosecuted in a State if they fall under the elements of the following crimes:
- Child sexual exploitation;
- Child pornography;
- Computer sex crimes;
- Human trafficking for prostitution;
- Sex trafficking of minors;
- Kidnapping to commit a sex offense;
- Sex crimes resulting in death;
- Aggravated sexual abuse; and
- Sexual abuse of a child.
If you would notice, most of the sex crimes that are prosecuted at a federal level are crimes involving children. These crimes are punished more severely and are often met with strict penalties. The goal of the law is to prevent individuals from doing the crime.
The Sexual Offenders Registry
Being included in the federal sexual offenders registry is one of the most severe penalties that an individual has to face. With the National Sex Offender registration, it is problematic for the individual to try and start with a clean slate.
The federal adoption of the Sex Offender Registration and Notification ACT (SONRA) is one that has taken in controversy and fear. If you are being prosecuted for a crime that comes with a crime that carries this penalty, it is better to get off of the charge.
Under this law, convicted individuals are required to register in the database and
- Location of residence;
- School attendance data;
- Employment status data; and
- Other personal details.
Generally, there are three tiers of sex offenders. The only difference between the tiers is the period when the current registrations are kept. Tier I keeps registrations for 15 years. Tier II keeps registrations for 25 years. Tier III sex offenders must register as long as they live.
The Right Defense
The right defense that you need to have is someone who has experienced and the power to go over all evidence and find the right one that would get you off. Technicality wins are good but you still need to be able to have the right defense, that will give you peace of mind.
There are different defenses that are available for the individual who is being prosecuted for a sex crime. You need a good defense team that will give you a range of defense strategies you need. You should know how to differentiate the ones you need to properly defend yourself and a lawyer can get you there.
First, the best defense for innocence is claiming innocence. An experienced and skilled defense attorney can help you defend your innocence and sow enough doubt in the courtroom as it is necessary. The court needs to prove your guilt beyond reasonable doubt and with the use of a good defense lawyer, you will have a good chance to defend yourself.
You can also claim entrapment. Depending on whatever charges may be filed against you, there could be entrapment and you can use this fact for your defense.
What is entrapment? Entrapment is a concept where the offender only committed the crime because the other party pressured, baited, or tricked the accused. In federal sex crimes, there is possible entrapment in cases of child pornography and human trafficking.
Another kind of defense is claiming consent. A good sex crime attorney will be able to show that the alleged victim is capable of consent.
Contact Us Today
If you need help urgently, we are always here to assist you. You can visit our office at 464 Ocean parkway, Brooklyn, NY 11218 or call our telephone at: (+1) 347-763-93-96.