Queens Sexual Assault

In New York sexual assault is not only the crime of rape. There are several sex crimes that fall under the general category of sexual assault. Because both society and law enforcement view sexual assault as a particularly horrible crime, New York prosecutors aggressively seek to convict those who have been charged with sex crimes. Sexual assault includes such crimes as rape, forcible touching, sexual abuse, criminal sexual act, sexual misconduct, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with a controlled substance. Because of the seriousness of any type of sexual assault, most types of sexual assault are classified as felonies punishable by years and years in prison and registration as a sex offender. Because of the life-altering consequences of being convicted of a sex crime, as soon as you have been accused of any type of sexual assault it is critical that you contact an experienced Queens Sexual Assault Lawyer who will review the facts of your case and aggressively defend you against the charges.

The necessary element of any sexual assault is the lack of consent. N.Y. Pen. Law § 130.05. Lack of consent means that the other person was not a willing participant in the sex act. This means that if you used physical force to perform a sex act with another person or if the other person lacked the legal capacity to consent, then you would have sexually assaulted that person. Most sex crimes have several degrees of seriousness. The more serious the crime, the more severe the sentence upon conviction.

Types of Sexual Assault

Four sexual assault crimes are classified as misdemeanors. These include forcible touching, sexual misconduct, sexual abuse in the third degree and sexual abuse in the second degree. Forcible touching involves touching another person's intimate parts to receive sexual gratification. N.Y. Pen. Law § 130.52. The crime of sexual misconduct is having sexual intercourse, anal or oral sex with another person without that person's consent, or having sex with an animal or a dead person. N.Y. Pen. Law § 130.20. Sexual abuse in the third degree is subjecting another person to sexual contact without that person's consent. N.Y. Pen. Law § 130.55. Sexual abuse in the second degree is the charge you will face if you subject another person to sexual contact and that person is incapable of consenting for any reason other than being less than 17 years old, or that person is less than 14 years old. N.Y. Pen. Law § 130.60

Rape is a sexual assault that involves having sexual intercourse with another person without the consent of that person. For sexual intercourse to occur there must be penetration, but the mount of penetration is irrelevant. N.Y. Pen. Law § 130.00. Rape in the third degree is the least serious rape charge. You will face this charge if you engage in sexual intercourse with another person who cannot consent. You will also face this charge if you are at least 21 years old and the other person is less than 17 years old. N.Y. Pen. Law § 130.25. If convicted you could be sentenced to up to 4 years in prison. Rape in the second degree would be the charge if you engage in sexual intercourse with a person who is mentally disabled or suffers a mental incapacity. If you are at least 18 years old you would be charged with rape in the second degree if you have sexual intercourse with a minor who is 15 years old or younger. Rape in the second degree rape is a class D felony that has a penalty of up to 7 years in prison. N.Y. Pen. Law § 130.30. The most serious rape charge is rape in the first degree. It involves forcibly having sexual intercourse with another person, having sexual intercourse with someone who is physically helpless, or having sexual intercourse with a child who is age 11 or younger. If you are at least 18 years old and have sexual intercourse with a child who is less than 13 years old, you can charged with first degree rape. As this crime is a Class B felony, the penalty for rape in the first degree is up to 25 years in prison.

Criminal sexual act is having oral or anal sex without the consent of the other person. Oral sex is contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sex is contact between the penis and the anus. Criminal sexual act in the third degree involves having oral or anal sex, you are at least 21 years and the other person is under 17 years old. It is a Class E felony. N.Y. Pen. Law § 130.40. You will face a charge of criminal sexual act in the second degree if you are at least 18 years old and you engage in oral or anal sex with a child who is less than 15 years old. Another reason that you could face a charge of criminal sexual act in the second degree is if the other person is incapable of consenting because he or she is mentally disabled or incapacitated. Criminal sexual act in the second degree is a class D felony that has a penalty of up to 7 years in prison. N.Y. Pen. Law § 130.45. Criminal sexual act in the first degree is a Class B felony. If convicted, you could end up in prison for up to 25 years. N.Y. Pen. Law § 130.50. This will be the charge if you have oral or anal sex by force with someone not able to consent because he or she is physically helpless, or with a child who is less than 11 years old. This charge will also apply if you are at least 18 years old and the other person is a child who is less than 13 years old.

Sexual abuse in the first degree is Class D felony. If you use force to have sexual contact with another person, have sexual contact with a physically helpless person, or with a child who is under 11 years old you would have committed sexual abuse in the first degree. If you are 21 years old or older, you will be charged with sexual abuse in the first degree if the other person is a child who is under 13 years old. N.Y. Pen. Law § 130.65.

Sexual assault can be committed using your finger or a foreign object. If you stick a foreign object into the vagina, urethra, penis, rectum or anus of someone without that person's consent, you would have committed aggravated sexual abuse in the fourth degree, a Class E felony. If you use your finger and in the process also cause injury, the charge will be aggravated sexual abuse in the fourth degree. N.Y. Pen. Law § 130.65-a. Aggravated sexual abuse in the third degree will be the charge if the sexual abuse is by force and you use not your fingers but a foreign object. It will also be the charge if the other person is physically helpless, is a child who is less than 11 years old, is mentally incapacitated or is mentally disabled. It is a Class D felony. N.Y. Pen. Law § 130.66. Aggravated sexual abuse in the second degree is the charge if you physically injure someone by inserting your finger into the vagina, urethra, penis, rectum or anus of that person, and you do so by force, or if the other person is physically helpless or is less than 11 years old. N.Y. Pen. Law § 130.67. Since it is a Class C felony, if convicted you could go to prison for up to 15 years. Aggravated sexual abuse in the first degree involves injuring someone by inserting a foreign object into the vagina, urethra, penis, rectum or anus of that person by force or if the other person is physically helpless or is a child who is less than 11 years old. It is Class B felony. N.Y. Pen. Law § 130.70. The maximum sentence is 25 years in prison.

You will be charged with course of sexual conduct against a child if you sexually assault a child who is less than 11 years old at least 2 times in a 3-month period. It is a Class D felony with a maximum possible sentence of up to 7 years in prison. It will also be the charge if you are 18 years old or older and the child is under 13 years old. N.Y. Pen. Law § 130.80. Course of sexual conduct against a child in the first degree is even more serious. It is a Class B felony. You will face this charge if the sexual assault involves sexual intercourse, oral sex, anal sex, or aggravated sexual conduct. If convicted you could be sentenced to up to 25 years in prison. N.Y. Pen. Law § 130.75.

Female genital mutilation is somewhat different from other types of sexual assault. It is typically not performed for sexual gratification, but as part of a cultural rite. However, it is still classified as a sex crime. Female genital mutilation involves circumcising, excising, or infibulating any part of the labia or clitoris of a child who is less than 18 years old, unless it is done so for medical reasons and is performed by a licensed medical professional. It is a Class E felony with a possible sentence of up to 4 years in prison. N.Y. Pen. Law § 130.85. Sexual assault sometimes involves first giving the victim drugs without the victim knowing you did so. You then perform a sex act with that person while that person is in a drugged stated. This crime is called facilitating a sex offense with a controlled substance. It is a Class D felony. N.Y. Pen. Law § 130.90. You will have committed the crime of sexually motivated felony if the motivation for committing a felony is sexual gratification. N.Y. Pen. Law § 130.91

Sentence of Sex Crime Conviction

The sentence for a sex crime conviction varies based on the classification of the sex crime. Misdemeanors have less severe sentences that felonies. The maximum sentence for a misdemeanor sex crime conviction is 1 year in jail. If you are convicted of a felony, the most severe sentence is 25 years in prison. In addition if you have one or more prior felony convictions, your sentence will be more severe than if you are a first time offender. If you are convicted of sexual assault, you will also be required to register as a sex offender. N.Y. Cor. Law § 168. The New York Sex Offender Registration Act requires that a sex offender register for at least 20 years. If you are deemed to present a high risk of re-offending, you will have to register as a sex offender for life.

The mere accusation of having committed a sexual assault will cause you embarrassment and hurt both your personal and professional relationships. If you are convicted, you could end up in prison for years, have a criminal record and be required to register as a sex offender. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes, as well as other serious felonies and misdemeanors such as domestic violence, child pornography, statutory rape, and stalking. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations:

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