Rape is one of the most serious crimes a person can commit, and New York law is strict regarding rape crimes. Rape is any type of intercourse not consensually engaged in by both parties, and it can happen inside of a marriage despite what many people believe. Statutory rape occurs when one party is not over the age of consent, even if it is something both parties want. There are several different rape charges in Long Island, and understanding what they mean, how they are punished, and how a criminal defense attorney can help defend you is imperative.
Rape and Rape Punishments
When a person accuses another person of having sex with them without their consent, it’s a sex crime. It’s going to trial, and the defendant is either going to be convicted or they are going to end up getting off as innocent. There are three forms of rape in New York. First, second, and third degree.
First degree rape occurs when someone engages in intercourse with a person who did not issue permission for them to do so. This type of rape must occur against a victim who meets one of the following:
– The defendant threatened physical harm or actually engaged in physical harm to get the victim to comply
– The victim was incapable of consent
– The victim is younger than 11
– The victim is younger than 13 while the defendant is older than 18
Second degree rape occurs when sexual intercourse is forced against someone who meets the following:
– Someone who is less than 15 and someone who is older than 18
– Someone who is mentally disabled or incapacitated
Third degree rape occurs when sexual intercourse is forced against someone who meets one of the following:
– They are unable to consent
– They are younger than 17 and the defendant is older than 21
– When someone refuses to give their consent
Charges for rape vary based on the severity of the crime. Being convicted of first degree rape means a person is going to face 5 to 25 years in prison and fines up to $5,000. Second degree rape entails one to 7 years in prison and up to $5,000 in fines. Third degree rape convictions come with up to four years in prison and up to $5,000 in fines.
Defense Against a Rape Charge
Many defendants want a fair shot at being proven innocent, and a criminal defense attorney is the best person to handle a rape case. If you cannot be proven innocent, a criminal defense attorney can at least find a way to have your charges dropped and your sentence reduced using a variety of available defenses.
Lack of Knowledge – When a rape victim is someone who is mentally incapacitated and unable to say no to having sex with the defendant, the defendant can argue he or she didn’t know the other person was incapable of saying no due to a lack of knowledge regarding their mental capacity.
Spouse of Victim – Many people don’t believe a spouse can be raped by his or her spouse, but it’s possible. If the accusation is coming from a spouse who is angry or trying to get back at someone, it’s possible the criminal defense attorney you hire can argue the victim was unable to consent against the knowledge of his or her spouse.
Client or Patient Consent – When a doctor or medical professional engages in sexual intercourse with a patient, they can argue consent was given on the basis that the act was not going to occur for medical purposes.
Lack of Knowledge of Age – Statutory rape is a big deal with the victim is not able to consent due to age purposes. The defendant might claim he or she didn’t realize the victim was not of age. It happens all the time when people use fake IDs to get into clubs. They meet people who assume they must be at least 18 or 21 because they’re in a club, they have sex consensually, and they find out later the other party was not 18.
Rape is a serious sex crime, and some people accused of rape against a person not of age are required to register each year as sex offenders. This means they’re going to find it difficult to rent a home or apartment, to get a job, and even to go into their own child’s school to watch a play or visit a classroom. Being convicted as a rapist is a serious crime, and it’s one that follows people the rest of their lives. It’s not something you can defend on your call.
A criminal defense attorney is the only way to help yourself with a case like this. Calling an attorney helps you figure out a defense, understand the charges being brought against you, and understand what it means to be convicted. Let an attorney help you with your case so you have a fighting chance of being accurately defended in court.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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