Bronx Sex Crime
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Unfortunately the incidence of sex crimes is increasing at an alarming rate in both New York and across the country. Because of this, the District Attorney has made it their focus to investigate and aggressively prosecute individuals committing these crimes. There is also a federal investigation going on regarding these crimes, and investigators are working with many counties in the New York area to stop these illegal activities. One of these investigations pertains to child pornography. Thus far the FBI has apprehended dozens of defendants connected with these crimes. By using search warrants, they have been able to confiscate computer hard drives and collect evidence against these defendants. If you or a loved one has been charged with a sex crime, it is important to speak with the legal team and Stephen Bilkis & Associates, PLLC to ensure that your legal rights are protected.
Law enforcement agencies are aggressively going after perpetrators of this crime, often through the internet. It is important to always be aware that everything you do on the internet is recorded, and any illegal interaction can easily be turned over to law enforcement. If you receive a call from the U.S. Postal Inspector, U.S. Customs or the FBI regarding your internet use, speak to our legal team before you return that call. Often these entities are looking for a confession prior to bringing your case to court.
Our team can tell you that there are many possible defenses available, depending on the circumstances of your case. For example in a date rape or case, it will not be sufficient for the DA to only prove that sexual relations took place. They must also prove that the defendant did not consent to the act. It is not uncommon to find that is come instances the victim may have initially given consent, but then later became remorseful and then falsely accuse their partner.
It is important to keep in mind that in both state and federal court, the DA or U.S. Attorney must be able to meet the required burden of proof and prove beyond a reasonable doubt that the victim did not give their consent. NY Penal Code Section 130.05 defines the legal elements of these crimes. In its simplest terms, a sex crime must lack consent on the part of the victim. In order for there to be a lack of consent, the crime must be committed via forcible compulsion or be an instance where the victim is unable to consent due to incapacity. In the case of child sexual abuse, consent is not at issue. The New York Code 130.05 states that an individual is unable to consent if they are (a) less than 17 years old, (b) mentally disabled, (c) mentally incapacitated or (d) physically helpless.
New York passed the Sex Offender Registration Act (SORA) in 1996. This requires that any defendant who is on probation, parole or incarcerated for a sex crime as of January 1, 2006 must register as a sex offender. This information becomes a matter of public record. The results of this can be devastating to the offender, causing problems with personal relationships, employment and housing.
If you have been charged with a sexual offense, it is important to obtain legal representation as soon as possible. Even if the accusations are unfounded, they can create serious problems with your personal and professional life. Contact our team for legal guidance and a free consultation. We have offices to serve you in New York, including locations in Queens, Manhattan, the Bronx, Brooklyn and Staten Island. We also have offices in Suffolk County and Nassau County on Long Island, as well as Westchester County. Call us today to schedule your free consultation at 1.800.NY.NY.LAW.