New York Aggravated Sexual Abuse in the Second Degree

Aggravated sexual abuse is a felony sex crime under New York state law. There are 4 types of aggravated sexual abuse: first degree, second degree, third degree, and fourth degree. A person would have committed aggravated sexual abuse in the second degree if they physically injure someone by forcibly inserting their finger into the vagina, urethra, penis, rectum, or anus of that person. Further, a person would have committed this crime if the other person was physically helpless at the time of the penetration or if the other person was less than 11 years old. It is a class C felony, carrying a sentence of up to 15 years in prison as well as sex offender registration. If you are accused of second degree aggravated sexual abuse, immediately contact an experienced New York sex crimes lawyer. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with sex crimes and have the skill and resources to ensure that your rights are protected.

Aggravated sexual abuse is distinguishable from rape in that while rape involves sexual intercourse, sexual abuse involves penetration with something other than with a penis. Further, second degree aggravated sexual abuse is different from first degree or third degree because both of those crimes require penetration with a foreign object while second degree aggravated sexual abuse requires penetration with a finger. The common thread for all sex crimes is that the act was without the consent of the victim.

While victim saying, “no!” is one indicator that there was no consent, a New York sex crime lawyer will explain that there are other indicators:

If the defendant used physical force to accomplish the sex act, then there was no consent. A threat is also a type of force. For example, if the defendant used a gun or weapon to force digital penetration, or if they use verbal threats, there would have been no consent. Forcible compulsion also exists if the defendant threatens to kidnap the victim or someone else such as a friend of the victim or family member of the victim to make the victim give in to the sex act. N.Y. Pen. Law § 130.00(8)

If a person inserts their finger into another's vagina, urethra, penis, rectum or anus while that person is unconscious or is for some other way physically helpless and unable to consent, then there would not have been consent. N.Y. Pen. Law § 130.00 (7). For example, if a person passes out after drinking too much alcohol and another person penetrates them with their finger, they could face a change of second degree aggravated sexual abuse.

If the victim is less than 11 years old, even if they appeared to have consented, the law says that a person of that age is too young to consent to sex.

The sentence for being convicted of aggravated sexual abuse in the second degree is up to 15 years in prison as it is a violent Class C felony. The mandatory minimum sentence is 3.5 years in prison. As an experienced sex crimes lawyers in New York will explain, a defendant’s exact sentences will depend on aggravating and mitigating factors. In addition, the defendant will be required to register as a sex offender. N.Y. Cor. Law § 168.

Defending any sex offense charge is always complex, requiring an understanding of New York criminal law and procedure. The sex crimes attorneys serving New York 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 Manhattan, Bronx, Staten Island, Brooklyn, Long Island, Nassau County, Suffolk County, Queens, and Westchester County.