Anal Penetration

Anal penetration is a form of sexual penetration. It involves penetrating the anus. While people often think of anal sex as involving penetrating with anus with a penis, it can also involve penetration with fingers or with an object. If a person has anal sex with another person without that person’s consent, it would be considered the crime of aggravated sexual abuse—a felony that carries a penalty of multiple years in prison as well as sex offender registration. If you are accused of aggravated sexual abuse based on anal penetration, contact a New York anal penetration lawyer at the Law Offices of Stephen Bilkis & Associates. We will review the facts of your case, conduct or own investigation, vigorously defend you, and ensure that your legal rights are projected throughout the case.

In New York, there are 4 different aggravated sexual abuse offenses: aggravated sexual abuse in the fourth degree, third degree, second degree, and first degree. While nonconsensual anal penetration can be the basis of aggravated sexual abuse, penetration in the rectum, vagina, urethra, or penis can be the basis as well. In addition, the thing that penetrates can be a penis, finger (digital penetration), or can be an object such as a knife, bottle, or a “sex toy.”

As a New York anal penetration lawyer will explain, if the anal penetration was done pursuant to a legitimate medical reason, the crime of aggravated sexual abuse would not have been committed.

A person would have committed aggravated sexual abuse in the fourth degree based on anal penetration if they inserted a foreign object into that person's anus and that person was not able to consent for some reasons other than being under seventeen years of age. A person would also have committed this crime if they physically injured another person by inserting a finger in the anus of another person and that person was not capable of consenting due to a reason other than being under seventeen years of age.

As a Class E felony, aggravated sexual abuse in the fourth degree is the least serious of the aggravated sexual abuse crimes. Nonetheless, it is a felony and carries a sentence of up to 4 years in prison. Because it is a sex crime, a conviction of aggravated sexual abuse in the fourth degree means that the defendant would have to register as a sex offender. For more information on sex offender registration, contact an anal penetration attorney in New York.

A person would have committed aggravated sexual abuse in the third degree based on anal penetration if they insert a foreign object into that person's anus and the person who was penetrated was forced, was physically helpless, or was less than 11 years old.

In addition, a person would have committed aggravated sexual abuse in the third degree based on anal penetration if they insert a finger, penis, or object into another person's anus, the physically injured that person and the person was unable to consent due to being mentally disabled or mentally incapacitated. As a Class D felony, aggravated sexual abuse in the third degree carries a sentence of up to 7 years in prison as well as sex offender registration.

In the case of anal penetration, a person would have committed aggravated sexual abuse in the second degree if they physically injure another person by penetrating that person’s anus with their finger, and it is done:

• By forcible compulsion, i.e. compelling by use of physical force or by threats
• When the other person is physically helpless, e.g., the person is unconscious, or
• When the other person is less than 11 years old

Aggravated sexual abuse in the second degree is a Class C felony. A conviction would result in a prison sentence of up to 15 years and sex offender registration.

In the case of anal penetration, a person would have committed aggravated sexual abuse in the second degree if they physically injure another person by penetrating that person’s anus with a foreign object, and it is done:

• By forcible compulsion, i.e. compelling by use of physical force or by threats
• When the other person is physically helpless, e.g., the person is unconscious, or
• When the other person is less than 11 years old

Aggravated sexual abuse is the most serious of crimes related to anal penetration. It is a Class B felony. A conviction would result in a prison sentence of up to 15 years and sex offender registration.

Under the New York Penal Code, rape is defined as nonconsensual sexual intercourse. It defines “sexual intercourse” as having its “ordinary meaning” which is penetration, however slight, of a vagina by a penis. Anal penetration does not fit the definition of sexual intercourse. Thus, where penetration is anal, the charge would not be rape, but aggravated sexual abuse.

The anal penetration attorneys serving New York at the Law Offices of Stephen Bilkis & Associates has decades of experience successfully defending clients in New York criminal courts who have been charged with felony sex crimes. 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: We represent clients in the following locations: Bronx, Manhattan, Nassau County, Suffolk County, Long Island, Staten Island, Queens, Brooklyn, and Westchester County.