Under the New York Penal Code, a person would have committed aggravated sexual abuse in the first degree if they injure someone by inserting a foreign object into the other person’s vagina, urethra, penis, rectum or anus. The penetration must have been done by force, where the other person is physically helpless, or where the other person is less than 11 years old. Aggravated sexual abuse in the first degree is considered a particularly heinous sex crime and as such it is classified as a class B felony. If convicted, the defendant faces up to 25 years in prison. N.Y. Pen. Law § 130.70. The defendant will also face sex offender registration. If you have been accused of aggravated sexual abuse in the first degree, you should immediately contact an experienced New York sex crimes lawyer at the Law Offices of Stephen Bilkis & Associates. We have decades of experience representing clients who have been charged with felony sex crimes. We will review the facts of your case and come up with a defense designed to produce the best results for your case.
Use of a Foreign ObjectIn order to be charged with aggravated sexual abuse in the first degree, the prosecutor must be able to show that the accused inserted a foreign object into the vagina, urethra, penis, rectum or anus of the victim and that you did so by force. N.Y. Pen. Law § 130.05. The statute does not provide examples of what a foreign object can be for the purpose of this offense, so the assumption is that any object can be the basis for a charge. For example, in People v. Lackey, 36 A.D.3d 953 (2007), the vaginal penetration was caused by a sharp stick into the victim's vagina. In other cases, bottles, knives, and toys were used.
Use of ForceUnder the statute force can be demonstrated in three different ways: forcible compulsion, physical helplessness, or an under 11-year-old victim.
Forcible CompulsionIf a person exerted physical force to insert the object into the vagina, urethra, penis, rectum or anus of the other person, then the victim did not consent. In addition to physical force, forcible compulsion also refers to threatening the victim with physical injury or death. This can be accomplished by brandishing a weapon such as a knife or gun. As an experienced New York sex crimes lawyer will explain, forcible compulsion also exists if the someone threatens to kidnap another person or that person’s family member or friend. N.Y. Pen. Law § 130.00(8)
Physically HelplessnessIf a person inserts a foreign object into another person while that person is unconscious or is for some other reason unable to refuse, then there would not have been consent. N.Y. Pen. Law § 130.00 (7). It is not necessary that the accused rendered the person physically helpless. It is enough that the accused found the person in a physically helpless state and then inserted a foreign object into that person.
Under 11-Year-Old VictimIf the victim was less than 11-years-old, that person would not have the legal capacity to consent. Thus, inserting a foreign object in that person’s vagina, urethra, penis, rectum or anus would have been nonconsensual.
PenaltiesPrison. The sentence for being convicted of aggravated sexual abuse in the first degree is up to 25 years in prison as it is a class B felony and is also classified as a violent felony offense. As such if convicted a defendants will face a mandatory minimum sentence of 5 years in prison and a maximum sentence of 25 years. They must serve at least 6/7 of the prison sentence before being eligible to be released on parole.
There are additional factors that the court will consider in determining your sentence. If this conviction is a second violent felony conviction, the minimum prison sentence will be given 10 years with a maximum of 25 years. N.Y. Pen. Law § 70.04. If convicted of other crimes in addition to aggravated sexual abuse in the first degree, the sentence will be more severe than if convicted of just one crime.
Sex Offender RegistrationThose convicted of aggravated sexual abuse in the first degree will be required to register as sex offenders. N.Y. Cor. Law § 168. Depending on the level of risk the defendant is determined to pose to the public, they will be labeled as a Level 1, 2 or 3 sex offender. Level 1 offenders will remain on the registry for at least 20 years. Level 2 and 3 offenders will remain on the registry for life. Level 2 and 3 offenders' names are listed in the public sex offender directory so that anyone can go online and find the names. All registered sex offenders must verify their addresses with the Division of Criminal Justice Services (DCJS) each year, and Level 3 offenders must do so every 90 days. They must also inform the DCJS of a new addresses within 10 days of moving and must register as a sex offender under the rules of their new jurisdiction. For more details on the requirements of sex offender registration, contact a sex crimes attorney in New York.
Request a Free Confidential ConsultationDefending any sex offense charge is always complex. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with sex crimes such as aggravated sexual abuse in the first degree. Contact an experienced sex crimes attorney serving New York at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.