Vaginal Penetration

Nonconsensual vaginal penetration is a sex crime. While vaginal penetration is commonly thought of as involving penetration by a penis, it can also involve penetration with one or more finger or with an object. If a person has nonconsensual sexual contact with another person that involves vaginal penetration by a finger or object, it would be considered the crime of aggravated sexual abuse. If the vaginal penetration was by a penis, that would be the crime of rape. Facing any sex crime charge is scary. The New York criminal justice system is confusing and complicated. It is important to have experienced legal representation. Contact a New York vaginal penetration lawyer at the Law Offices of Stephen Bilkis & Associates. With over 2 decades of experience, we will be there to support you and vigorously defend you.

In New York, there are 4 degrees of the aggravated sexual abuse offense that can be based on nonconsensual vaginal penetration. Some also involve vaginal penetration with a finger (digital penetration), while others involve vaginal penetration with a foreign object. A foreign object can be anything such as a knife, stick, bottle, or toy. However, as a New York vaginal penetration lawyer will explain, it would not be a crime if the vaginal penetration was for legitimate medical reason, the crime of aggravated sexual abuse would not have been committed.

Aggravated sexual abuse in the fourth degree. Fourth degree aggravated sexual abuse is a class E felony. It can involve vaginal penetration by a foreign object or by a finger. If the penetration was with a foreign object, the other necessary element of this offense is that there was no consent based on a reason other than the person being under the age of 17.

If the penetration was with a finger, the other 2 necessary elements are that the person penetrated must have been injured and the lack of consent must have been based on a reason other than the person being under the age of 17.

Aggravated sexual abuse in the third degree. Third degree aggravated sexual abuse is a class D felony. For this crime, the vaginal penetration must have been by a foreign object. If the person was not physically injured, then the other requirement is that the person who was vaginally penetrated was forced, was physically helpless, or was less than 11 years old. If the person was physically injured, the person must also have been unable to consent due to being mentally disabled or mentally incapacitated.

Aggravated sexual abuse in the second degree. Second degree aggravated sexual abuse is a class C felony. For this crime, the vaginal penetration must have been by a finger and the victim must have sustained physical injuries. In addition, of the following 3 factors must have existed: 1). The defendant must have compelled the victim by using physical force or threats; 2). The defendant must have vaginally penetrated the other person when they were physically, or 3). The defendant must have vaginally penetrated the other person the other person is less than 11 years old

Aggravated sexual abuse in the first degree. First degree aggravated sexual abuse is a class B felony. To be guilty of this crime based on vaginal penetration and the victim must have suffered physical injury. In addition, the vaginal penetration must have been: 1). Physical force or threats, 2). When the victim was unconscious or otherwise physically helpless, or 3). When the victim was less than 11 years old.

In New York, there are 4 degrees of the criminal offense of rape. As a vaginal penetration attorney serving New York will explain, rape is defined as nonconsensual sexual intercourse, and sexual intercourse is defined as vaginal penetration by a penis.

Rape in the third degree. Third degree rape is a class E felony. To be guilty of rape in the third degree, the defendant must have engaged in nonconsensual sexual intercourse. The lack of consent must have been for one of the following reasons: 1). The victim was incapable of consent for a reason other than being less than 17 years old; 2). The defendant was at least 21 years old, but the victim was less than 17 years old; or 3). The lack of consent was due to a reason other than the incapacity to consent.

Rape in the second degree. Second degree rape is a class D felony. To be guilty of rape in the second degree, the defendant must have engaged in nonconsensual sexual intercourse where one of the following 2 factors was present: 1). The defendant was at least 18 years old, and the victim is less than 15 years old. Note that a defense would be that the defendant was less than four years older than the victim at the time of the act; or 2). The victim was incapable of consent because they were mentally disabled or mentally incapacitated.

Rape in the first degree. First degree rape is a class B felony and is the most serious rape charge. To be guilty of rape in the first degree, the defendant must have forced the victim into have sexual intercourse, the victim was not able to consent because they were physically helpless, the victim was less than 11 years old, or the victim was less than 13-years-old and the defendant was at least 18 years old.

If you are facing a charge of rape, aggravated sexual assault, or any other sex crime, it is imperative that you have experienced representation. Contact an experienced vaginal penetration attorney in New York at the Law Offices of Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Nassau County, Long Island, Staten Island, Suffolk County, Queens, Brooklyn, Bronx, and Westchester County.