York Sex Crime

In New York, a sex crime is unwanted sexual contact with out consent of the victim. misdemeanors may include forcible touching, varying forms of sexual misconduct, forcible touching, 2nd and 3rd degree sexual abuse solicitation including 3rd degree patronizing a prostitute. .Felony sex crimes can include rape, sexual assaults against children, possession of child pornography, sodomy and sex trafficking of minors or adults. Sex crimes are a serious problem in New York and across the country with the number of reported sex crimes increasing over the last several years. As a consequence New York prosecutors aggressively seek to convict those who have been charged with sex crimes. When we think of sex crimes rape most often comes to mind. However, there are several other types of sex crimes defined in the New York Penal Code. Most sex crimes are felonies punishable my multiple years in prison, probation, a criminal record, and registration as a sex offender. Even if you are not formally charged, tried or convicted, the stigma of being accused of a sex crime can have long-term damaging effects on your personal and professional lives. Because of the consequences of being charged with a sex crime as soon as you have been accused of any type of sex crime it is critical that you contact an experienced New York sex crimes lawyer at Stephen Bilkis & Associates. With decades of legal and law enforcement experience the criminal attorneys at Stephen Bilkis & Associates have a proven track record of success in defending clients charged with sex crimes and other serious crimes such as domestic violence and drug crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. The basis of any sex crime is the lack of consent. N.Y. Pen. Law § 130.05. Lack of consent means that the act was forced. Even if the other person appeared to have consented, if under the law that person did not have the capacity to consent legally there was no consent. The other person lacks the capacity to consent if he or she is under 17-year-old, suffers from a mental disability or incapacity, is physically helpless, or is in the custody of the Department of Corrections and the assailant is an employee of the Department of Corrections. Most sex crimes have multiple degrees of seriousness. The most serious sex crimes involve physical force or involve a victim who is a minor. Forcible touching and sexual misconduct are both misdemeanors. Forcible touching involves touching another person’s intimate parts for no reason at all or in order to receive sexual gratification, while sexual misconduct involves having sexual intercourse, anal sex or oral sex with another person without that person’s consent, or having sex with an animal or a dead person. Rape involves having sexual intercourse without the consent of the other person. For sexual intercourse to occur there must be penetration, even if the penetration was slight. There are three degrees of rape with rape in the third degree being the least serious and rape in the first degree being the most serious.