New York Sexual Abuse Lawyer

In New York, sexual abuse is defined as subjecting another party to sexual contact when that party either is younger than the age of consent (17 years old), or cannot consent due to physical or mental incapacity. Sexual abuse is also present where there is any forced sexual contact between two parties. Depending on the particular acts involved, a defendant can be charged with either a misdemeanor or felony offense. If you are facing a charge of sexual abuse, it is very important to seek the legal guidance of an experienced New York aexual abuse lawyer from Stephen Bilkis & Associates. An charged related to a sex crime charges is serious and can include not only prison time and fines, but also may require you register as a sex offender.

Sexual Abuse Charges

Just like rape, a charge of sex abuse is a sex crime that involves nonconsensual sexual contact. There are three degrees of sexual Abuse, first, second and third. There is also a charge of aggravated sexual abuse. Some of the more serious crimes are mentioned below.

• Sexual Abuse in the First Degree (New York Penal Law §130.65): This crime is defined as subjecting another party to nonconsensual sexual contact by force against a victim that is less than 11 years old, or against a victim that is unable to give consent due to incapacity. Sexual Abuse in the first degree is considered a class D felony, which is punishable by 4 to 7 years’ imprisonment.
• Sexual Abuse in the Second Degree (New York Penal Law §130.60): Sexual abuse in the second degree is a criminal offense in New York that involves non-consensual sexual contact with another person. This type of sexual abuse is considered to be less severe than first-degree sexual abuse, but it is still a serious crime that can result in significant penalties. A person can be charged with sexual abuse in the second degree if they engage in sexual contact with someone who is unable to consent due to their age, mental incapacity, or physical helplessness. Additionally, a person may be charged with this crime if they engage in sexual contact with someone who has not given their consent, but who has not been physically forced or threatened with harm. Sexual abuse in the second degree is a Class A misdemeanor. If convicted you face up to a year in prison and will be required to register as a sex offender.
• Sexual Abuse in the Third Degree (New York Penal Law §130.55): Sexual Abuse in the Third Degree involves non-consensual sexual contact with another person. This law makes it illegal for any person to engage in sexual contact with another person who is unable to consent due to their age, physical helplessness, or mental incapacity. In order to be convicted of this crime, the prosecution must prove that the defendant knowingly engaged in sexual contact with the victim and that the victim was unable to consent to the sexual contact. Sexual contact is defined as any touching of the sexual or intimate parts of the body for the purpose of sexual gratification or arousal. Sexual Abuse in the Third Degree is considered a Class B Misdemeanor, which is punishable by up to three months in jail and a fine of up to $500.

Aggravated Sexual Abuse

In New York, as an experienced sexual abuse attorney in New York will explain, aggravated sexual abuse is a distinct type of sex crime as is more serious than sexual abuse. The difference between Aggravated Sexual Abuse and Sexual Abuse lies in the severity of the crime and the specific circumstances surrounding the alleged offense. Sexual Abuse is a crime in which a person engages in non-consensual sexual contact with another person. Aggravated Sexual Abuse, on the other hand, involves non-consensual sexual contact that is accomplished by the use of force or the threat of force. It can range from Aggravated Sexual Abuse in the Third Degree, which is considered a Class D Felony, to Aggravated Sexual Abuse in the First Degree, which is considered a Class B Felony.

Notable New York Sexual Abuse Cases

• People v. Boyd, 505 N.Y.S.2d 185 (N.Y. App. Div. 1986)- In this case, the defendant was initially charged with rape in the first degree and sodomy in the first degree. However, after a nonjury trial, the defendant was found guilty of the lesser included offense of sexual abuse in the first degree. The court affirmed the judgment, holding that there was sufficient evidence to support the defendant's conviction for sexual abuse in the first degree. The evidence showed that the defendant forcibly compelled the victim, who was under 11 years old, into sexual contact against her will. This constituted sexual abuse in the first degree. The court also found that there was enough corroboration evidence to sustain the conviction, as required by law. The victim's great uncle testified to encountering the defendant in a state of disarray in the basement shortly after the incident. The defendant's statement to the great uncle further supported the victim's account.
• People v. Harris (N.Y. App. Div. 2002) - The case involves the defendant, who was charged with multiple counts, including two counts of aggravated sexual abuse in the first degree, allegedly occurring in January or February 2000. The five-year-old male victim reported the abuse to his mother on March 6, 2000, and a medical examination the next day confirmed signs of abuse. The defendant confessed to the abuse during a police interview, specifically admitting to inserting a flashlight into the victim's rectum on two separate occasions.

The defendant was found guilty of one count of aggravated sexual abuse in the first degree but acquitted of all other charges. The defendant appealed, arguing that the verdict was inconsistent and unsupported by sufficient evidence. The court affirmed the judgment, rejecting the defendant's argument that the verdict was not inconsistent or legally insufficient.

Contact Stephen Bilkis & Associates

At our Stephen Bilkis & Associates, we understand that being charged with sexual abuse can be a frightening and overwhelming experience. That's why we provide strong, effective representation to individuals who have been accused of this sex crimes. Our sexual abuse attorneys serving New York are knowledgeable about New York criminal law and procedure and have a proven track record of successfully defending clients against these types of charges. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Manhattan, Bronx, Brooklyn, Long Island, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.

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