New York Rape Frequently Asked Questions
- What Is the Crime of Rape?
- What Is Rape in the Third Degree?
- What Is Rape in the Second Degree?
- What Is Rape in the First Degree?
- What Are Defenses to a Rape Charge?
- What Is Date Rape?
- What Is Statutory Rape?
- What Is Sex Offender Registration?
- If I Am Convicted of Rape How Will My Future Be Impacted?
- Still Have Questions? Contact the Law Offices of Stephen Bilkis & Associates
What Is the Crime of Rape?
Rape is one several different types of sex crimes in the New York criminal code. While the term rape is often used to describe any type of nonconsensual sexual act, it has a very specific meaning under New York law. Rape involved having nonconsensual sexual intercourse. There are three types of rape: rape in the first, second and third degree. The specific rape charge you will face depends on factors such as the age of the victim and whether or not physical force was used. Regardless of whether the rape charge is first, second, or third degree, being charged with rape is a serious. You need skilled representation. The New York rape lawyers at the Law Offices of Stephen Bilkis & Associates have the experience and knowledge to aggressively defend you against charges of rape.
What Is Rape in the Third Degree?
Rape in the third degree is the least serious rape charge. This crime is a class E felony. You will be charged with rape in the third degree if you have sexual intercourse with someone who is unable to consent or if you are at least 21 years old and the victim is less than 17.
What Is Rape in the Second Degree?
The rape charge that you will face will be raised to rape in the second degree if you have sexual intercourse with a victim who is not able to consent because of a mental disability or a mental incapacity. You will also be charge with second degree rape if you are at least 18 and the victim is 15 or younger. It is a class D felony. However, you will not be charged with second degree rape if you were less than 4 years older than the other person.
What Is Rape in the First Degree?
As a class B felony, rape in the first degree is the most serious rape charge. If you have sexual intercourse with a victim who is 11 years old or younger or if you are 18 and the victim is less than 13, then the charge will be rape in the first degree. In addition, if you use physical force, the threat of death or physical injury to the victim or another person, or if the victim is unconscious or in some other way physically helpless, you will be charged with first degree rape.
What Are Defenses to a Rape Charge?
Because a rape charge is based on lack of consent, a common defense to rape is that the sexual contact was consensual. The defendant would have to show that there was no force or that the other person did not suffer from a mental disability or mental incapacity such that they lacked the ability to consent. Other defenses include mistaken identity or that the charge was time barred due to the statute of limitations.
What Is Date Rape?
As a New York rape lawyer will explain, date rape is a term that describes rape or another type of sexual assault where the defendant and victim are social acquaintances. The two may be friends, roommates, or in a dating relationship. The basic requirement for date rape is the same as for rape involving strangers: nonconsensual sexual intercourse.
What Is Statutory Rape?
Rape is defined as having nonconsensual sex. According to state law, a person must have reached a certain age in order to have the capacity to consent to sex. If you have sexual contact with someone who has not yet reached the statutory age of consent, you could face a charge of statutory rape. This would be the case even if the sexual act was otherwise consensual.
What Is Sex Offender Registration?
Sex offender registration is a way for law enforcement to monitor and track sex offenders once they are released back into the community. If you are convicted of a sex crime such as rape, you will be required to register as a sex offender. As a registered sex offender your photograph, address, and details of your crime will be included in a sex offender registry and available to the public. You may have to remain a registered sex offender for decades or for the rest of your life.
If I Am Convicted of Rape How Will My Future Be Impacted?
Being convicted of rape or any other type of a sex crime will have a lasting impact on your life. Because each rape offense is a felony, if you are convicted there is a chance that your sentence will include prison. You will have a criminal record that will impact your ability to find a job, rent an apartment, or obtain a professional license. You will also have to register as a sex offender as required by New York’s Sex Offender Registration Act (SORA). As a rape attorney in New York will explain, SORA requires those convicted of rape and other types of sexual assault to register with the New York State Division of Criminal Justice Services (DCJS). This means that the DCJS will keep track of where you live and where you attend school. If you move, you must let law enforcement know. This information as well as your photograph and the details of your crime will be kept in a database that may be accessible by the public.
Still Have Questions? Contact the Law Offices of Stephen Bilkis & Associates
Being accused of rape or any other type of sexual assault is serious. It is important that you understand the process, and have experienced representation. With over two decades of experience representing clients in New York who have been charged with sex crimes as well as other serious felonies, the rape attorneys serving clients in New York at the Law Offices of Stephen Bilkis & Associates have the knowledge and resources to vigorously defend you throughout the entire criminal process. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.