Under the New York Penal Code there are 2 sets of elements for the crime of aggravated sexual abuse in the third degree. First, the defendant must have inserted a foreign object into another person's vagina, urethra, penis, rectum or anus, and must have done so by force, when other person is helpless, or when the other person is under 11 years old. Second, the defendant must have physically injured another person by inserting a foreign object into their vagina, urethra, penis, rectum or anus, and that person was unable to consent because the suffered from a mental disability or a mental incapacity. It is a Class D felony and carries a sentence of up to 7 years in prison. N.Y. Pen. Law § 130.66. Because your life may be significantly negatively impacted if you are accused of aggravated sexual abuse in the third degree, if you are accused of this crime, you should immediately contact an experienced New York sex crimes lawyer who will review the facts of your case and defend and support you until the case is resolved.
Lack of ConsentThe basis for any sex crimes is that the victim did not consent to the sex act. For the crime of aggravated sexual abuse in the third degree, a lack of consent can be shown in 5 different ways.
Forcible CompulsionThe term forcible compulsion means that force was used. Force can mean physical force, threats, or threats to another person such as a friend or family member of the victim. N.Y. Pen. Law § 130.00(8)
Physically HelplessAs a New York sex crimes lawyer will explain, if someone is physically helpless such that they do not have the ability to consent, there would not have been consent. N.Y. Pen. Law § 130.00 (7). For example, if someone passes out due to intoxication or being ill, they would not have the ability to consent to sexual penetration with an object.
AgeThe victim was less than 11 years old. If the victim is of a certain young age, even if he or she appeared to have consented, the law says that that person is too young to consent to this type of sexual activity.
Mental Disability or IncapacityIf a person suffers from a mental disease or defect that prevents them from understanding the nature of the defendant’s conduct, then there could not have been consent to the conduct and the person would face a charge of aggravated sexual abuse in the third degree. N.Y. Pen. Law § 130.00(5). Similarly, if a person is mentally incapacitated due to intoxication or due to some other reason, they would not have the ability to consent.
SentencingThird degree aggravated sexual abuse is a Class D felony with a potential prison sentence of up to 7 years. If the defendant has a prior felony offense, they will face a mandatory minimum sentence of at least 4 years in prison. N.Y. Pen. Law § 70.06. Sex offender registration is also required. To learn details about what it means to have to register as a sex offender, contact an experience sex crimes attorney serving New York.
Request a Free Confidential ConsultationBecause the consequences of being convicted of a charge of aggravated sexual assault in the third degree will impact the rest of your life, it is important to be represented by a sex crimes attorney in New York who has experience. Defending any sex offense charge is always complicated, involving an understanding of not only criminal law, but also the nuances of New York criminal procedure. 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 felony sex crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Nassau County, Suffolk County, Manhattan, Bronx, Staten Island, Brooklyn, Long Island, Queens, and Westchester County.