Staten Island Sex Crime
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Unfortunately, not only in NY but across the country, the incidence of sex crimes is increasing exponentially. Because of this, the New York District Attorney’s office has been focusing their efforts in investigating and prosecuting these crimes. In fact there is a federal investigation in progress involving many counties in New York. One of these ongoing investigations involves apprehending individuals involved in child pornography. Thus far, the FBI has apprehended dozens of individuals connected to these crimes. If you or a loved one has been arrested and charged with a sex crime, including rape or child pornography, it is important to speak to our legal team right away. If you are convicted, the consequences of these crimes can be very serious. Contact Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
The NY penal code [S130.05] explains the complexities of sex crimes and defines the requirements of meeting definitions of the sex crimes laws in order to build a prosecutorial case. A sexually based offense must meet the requirement of “lack of consent.” The sexual actions or contact against the victim must be committed with a lack of permission in order to meet the requirements of a sex crime.
Our team can explain that there are effective defenses that can be utilized when you are facing these charges. For example, in a date rape or sodomy case, the DA needs to prove not only that sexual relations took place, but also that there was a lack of consent. It is not unusual in these types of cases to find that the victim may have initially consented to the sexual act, but later chose to retaliate against their partner due to remorse. In order for there to be a lack of consent, the sexual act must be made from a forcible compulsion, or when the victim is incapable to consent due to incapacitation. Other types of lack of consent can result from sexual abuse, or forcing the victim to touch the perpetrator, or molestation. In the case of child sexual abuse, the victim is not required give their consent in to meet the requirements of a sex crime.
If convicted, the specific sentencing one will face depends on the particular nature of the crime involved. In NY a charge of rape in the first degree will bring the defendant between 5 to 25 years in prison. A second degree rape charge will bring result in a sentence of between 2 to 7 years in prison. A third degree rape charge will bring the defendant a sentence of between 1.5 to 4 years in prison. These sentences are significant, which why it is so important to speak with legal counsel as soon as possible after you have been charged.
In New York, the Sex Offender Registration Act was passed in 1996. Pursuant to this law, any defendant who has been convicted of a sex crime as of January 1, 1996 must register as a sex offender. It is important to note that once this is done, this information becomes public access. The results of this can be extremely damaging to the defendants personal and professional life.
If you or a family member has been convicted of a sex offense, it is important to seek legal guidance right away as the consequences are very serious. If you are convicted, you could be facing a lengthy prison sentence, fines and probation. Contact our legal team for guidance and a free consultation. We have office locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have offices in Suffolk County and Nassau County on Long Island, and Westchester County. Call us today to schedule an appointment at 1.800.NY.NY.LAW.