New York Rape

The crime of rape in New York is defined as sexual intercourse with another person without their consent. This can occur through force, threat, or where the victim is unable to give consent due to age, mental disability or due to the influence of drugs or alcohol. The crime of rape is a felony. If you are convicted for any of the several different rape offenses, you will go to prison, you will have a felony record, and you will have to register as a sex offender. Because of what’s at stake, if you have been accused of rape, it is critical that you have experienced representation. Contact an experienced New York rape lawyer at Stephen Bilkis & Associates. With over 20 years of experience, we have the knowledge and resources to help ensure that your legal rights are protected throughout the process.

The lack of consent is the key issue to a rape charge. Sexual conduct turns into a crime when the parties do not consent. If they are unable to consent, they were either forced to have sex and were unable to express themselves. Their inability to communicate could be due to mental illness or incapacity, or a physical incapacity. It is a defense if the defendant was unaware of the conditions that caused the incapacity to consent.

There are three possible charges for the crime of rape: rape in the first, second, and third degrees. Rape in the first degree is the most serious rape offense.

• Rape in the 1st Degree (New York Penal Law §130.35): This offense is defined as engaging in sexual intercourse with another who is unable to consent due to physical helplessness, or a person who is younger than 11 years or younger than 13 years if the defendant is 18 years or older. This is classified as a B felony, which is punishable by up to 25 years in prison. In addition, the person will be required to register as a sex offender and may face other penalties such as loss of civil rights or financial penalties. To learn more about the additional consequences of being convicted of a sex crime, contact an experienced New York rape lawyer.
• Rape in the 2nd Degree (New York Penal Law §130.30): Unlike first-degree rape, second-degree rape does not involve the use of physical force or the threat of serious harm. Instead, second-degree rape is typically charged in cases where the victim is unable to consent to sexual intercourse due to their age, mental incapacity, or physical helplessness. This crime is classified as a class D felony, which is punishable by up to 7 years in prison.
• Rape in the 3rd Degree (New York Penal Law §130.35): This type of rape is considered to be the least severe form of sexual assault, but it is still a serious crime that can result in significant penalties. A person can be charged with third-degree rape if they engage in sexual intercourse with someone who is unable to consent due to their age, mental incapacity, or physical helplessness. In addition, a person may be charged with third-degree rape if they engage in sexual intercourse with someone who has not given their consent, but who has not been physically forced or threatened with harm. A person convicted of third-degree rape in New York may face up to four years in prison and be required to register as a sex offender. This crime is classified as a class E felony, punishable by up to 4 years in prison.

Sex offender registration is a legal requirement in New York for individuals who have been convicted of certain sex crimes. This registration process requires individuals to provide personal information, including their name, address, and place of employment, to the state sex offender registry. This information is then made available to the public through a database that can be accessed online. Note that a 2023 case challenged the constitutionality of the address requirement with respect to homeless sex offenders. In People v. Allen, 182 N.Y.S.3d 112 (N.Y. App. Div. 2023) the court found that the reporting of address requirement in Correction Law § 168–f(3) to be unconstitutional as it was void for vagueness when applied to homeless sex offenders who did not have a fixed address.

The purpose of sex offender registration is to provide law enforcement and the public with information about individuals who have been convicted of sex crimes, and to help prevent further sexual assaults from occurring. Individuals who are required to register as sex offenders in New York may also face restrictions on where they can live and work, as well as additional penalties if they fail to comply with the registration requirements. It is important to note that sex offender registration is a lifetime requirement for most convictions in New York. To learn more about the requires of sex offender registration in New York, contact an experienced rape attorney in New York.

If you have been charged with rape or any other sex crime, it is important to seek legal counsel right away. Sex crimes are not only aggressively prosecute, most carry severe penalties and can damage your reputation for many years to come. Speak with an experienced rape attorney serving New York at Stephen Bilkis & Associates. Our office can explain your legal options and discuss possible defense strategies. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.