Brooklyn Sex Crime
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A Brooklyn Sex Crimes Lawyer can tell you that sex crimes are on the rise, not only in the state of New York, but nationwide. Because of this, the NY District Attorney has been making a focused effort to apprehend and prosecute anyone committing these crimes. These crimes are so common, that in many areas of New York, special criminal investigations are being conducted. Many of these investigations deal with the issue of child pornography. Armed with a search warrant, law enforcement will seize computers of businesses that promote and sell sexually explicit materials. So far, the FBI has made great progress in locating the perpetrators of these sex crimes and bringing them to justice. If you or a loved one has been charged with a sex crime, including Sexual Assault, child pornography or rape, speak to the legal team at Stephen Bilkis & Associates, PLLC for guidance. If convicted, you could be facing very harsh penalties that can include incarceration, large fines and probation.
Our legal team can explain that there are several defenses for these types of crimes. For instance, in the case of a date rape, it will not be enough for the prosecutor to prove that sexual relations took place. They will need to prove beyond a reasonable doubt that the victim did not give their consent to the sexual act. It is not unusual to see in these types of cases a situation where the victim initially gave their consent, but because of remorse later says that the act was nonconsensual.
Our team knows that false accusations are not uncommon in sex crimes. In the case of Rape, sexual abuse or child abuse, often the parties have previously shared a long term intimate relationship that can fuel false allegations. Our legal team is also aware that the accuser of these crimes often benefits from these allegations via the city, state and local agencies. False allegations are difficult to defend because the defendant will need to testify on their own behalf and convince the judge and jury that they are innocent.
Whether you are dealing with state or federal court, the NY District Attorney or the United States District Attorney will be required to meet the requisite burden of proof and prove that the victim did not consent to the sexual act. If the defense lawyer can successfully raise reasonable doubt, the defendant will not be convicted. New York Penal Code Section 130.05 defines sexual crimes and what legal elements must be present. This section states that a sex crime deals with a sexual act that is committed without the victim’s consent. This lack of consent could be because the victim was physically unable to give their consent, or because of forcible compulsion. Forcible compulsion is often seen with instances sexual abuse and child molestation. Incidentally, in the instance of child sexual abuse, the consent requirement does not apply.
The Sex Offender Registration Act (SORA) was passed in 2006. This law states that any defendant that is on probation, in prison or on parole for a sex crime must register as a sex offender. Once the defendant does this, their information becomes public record. This is extremely damaging to the defendant’s reputation and causes problems with obtaining employment and housing, as well as personal relationships.
If you have been charged with a sexual offense, our team understands how emotionally upsetting this can be. It is important to take action as soon as possible however, to ensure that your legal rights are protected. Contact our office today for sound legal guidance and a free consultation at 1.800.NY.NY.LAW. We have office locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have offices in Nassau County and Suffolk County on Long Island, and Westchester County.