Suffolk County Sex Crime
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Sex crimes are frequently seen in New York, and throughout the U.S. There has been an upswing in these crimes in the recent past, and because of this the District Attorney is making a concerted effort to apprehend and prosecute perpetrators of these crimes. These offenses are so common that there are specific criminal investigations being conducted in various counties throughout NY. Many of these special investigations are focused on child pornography. Thus far, the FBI has made great strides in locating these perpetrators and bringing them to justice. With the use of search warrants, law enforcement has seized the computers of businesses that promote and sell pornographic materials. If you have been charged with a sex crime such as Statutory Rape, sexual assault, or Child Pornography, it is important to contact a Suffolk County Sex Crimes Lawyer from Stephen Bilkis & Associates, PLLC without delay. If you are convicted, you could be facing very serious penalties including prison time, probation and fines.
Our team can explain that there are various defenses available for these offenses. For example with a date rape case, it will not be sufficient for the prosecutor to simply prove that sexual relations took place. The prosecutor will need to prove beyond a reasonable doubt that the victim did not give their consent to the sexual act. It is not uncommon in these cases to involve sexual relations that were originally been consensual, but because of remorse on the part of the victim became contentious.
Our legal team knows that often false accusations are involved in alleged sex crimes. Often in the case of child abuse, rape or Sexual Assault, the parties have had a previous long term relationship that can fuel false allegations. It is also no secret that the accuser of these crimes can often benefit from city, state and local agencies just by making these false allegations. These false allegations can be challenging to defend, as the defendant will be required to testify on their own behalf and try to convince the judge and jury of their innocence.
Whether it is state or federal court, the DA or the US District Attorney will need to meet the required burden of proof and prove that the victim did not give their consent. If the defense can raise reasonable doubt, the defendant cannot be convicted. NY Penal Law Code 130.05 sets out the definition of sex crimes and outlines what elements must be present. It says that a sex crime involves a sexual act that takes place without the victim’s consent. This lack of consent can be because the victim was unable to give their consent, or because of forcible compulsion. Forcible compulsion is frequently seen in cases of child molestation and sexual abuse. In an instance of child sexual abuse, the consent requirement does not apply.
In 2006, the Sex Offender Registration Act (SORA) was put into law. It states that any defendant that is in prison on probation or on parole for a sexual offense must register as a sex offender. Once the defendant does so, the information becomes public record. This can be extremely damaging to the defendant’s reputation, and cause problems with personal and professional relationships.
If you or a family member has been charged with a sexual offense, our legal team knows how upsetting this can be. It is important however, to take prompt action to ensure that your legal rights are protected. Contact us today for a free consultation at 1.800.NY.NY.LAW. We have offices conveniently located throughout New York City, including locations in Queens, Manhattan, the Bronx, Brooklyn and Staten Island. We also have locations in both Nassau County and Suffolk County on Long Island and Westchester County.