Manhattan Domestic Violence and Assault Lawyers

Manhattan Domestic Violence and Assault Lawyers

Domestic violence implies violent acts involving couples or family members. Domestic violence is also called family violence and may involve crimes like child abuse, mistreatment of a spouse, stalking, and harassment. However, in most cases, it entails sexual assault. Read on to understand the classification of domestic violence, what sexual assault entails, and the consequences for the offense.

 

Forms of Domestic Violence

 

Physical abuse

 

This includes battering, hitting, slapping, biting, punching, or shoving. It involves any violent action against the victim.

 

Emotional Abuse

 

This involves invalidating a person’s self esteem.

 

Economic Abuse

 

This occurs when the oppressor deprives the victim of financial assistance, or makes them financially reliant on them.

 

Sexual Assault

 

This occurs when the oppressor forces or attempts to force the victim to engage in sexual contact or behavior

 

Domestic Violence Involving Sexual Assault

 

One of the main elements of sexual assault is lack of consent. According to the law, lack of consent is when your wife does not approve engaging in sexual contact with you. This means you used force to engage in the sexual act. It also means that your wife did not have the mental capacity to approve. For example, when a person is mentally disabled, they are mentally incapacitated, or physically helpless, and are not legally capable of consenting to a sexual act. Additionally, if the victim of a sexual act is below the age of consent, you can be charged with sexual assault because the person is not legally capable of consenting to a sexual act. This form of sexual assault is called statutory rape.

 

Types of Sexual Assault

 

Sexual assault crimes are categorized depending on the seriousness of the offense.

 

Forcible Touching, Sexual Abuse, and Sexual Misconduct

 

Forcible touching arises if you touch a person’s intimate areas without their consent. Sexual abuse and sexual misconduct is when you engage in sexual contact with a person against their will. Since these offenses are classified as misdemeanors, the maximum jail sentence is 1 year.

 

Sexual Abuse

 

While sexual abuse in the third and second degree is regarded a misdemeanor, first degree sexual abuse is a Class D felony. This offense involves engaging in sexual contact with physically helpless persons or forcibly engaging in sex with another person. The maximum jail sentence is 7 years.

 

Rape

 

Rape involves engaging in sexual intercourse without a person’s consent. Third degree rape is the least charge for rape. A conviction for this offense will subject you to 4 years in jail. Second degree rape involves sexual intercourse with a mentally disabled person. This is a Class D felony that bears a 7 years jail term. First degree rape is forcibly engaging in sexual intercourse with a person, and also involves engaging in such conduct with a physically helpless person. This is a Class B felony that bears a 25 years jail term.

 

Aggravated Sexual Assault

 

Aggravated sexual assault involves sexual intercourse using a foreign object without the person’s consent. This is a Class B felony that may have you imprisoned for up to 25 years.

 

Protective Orders

 

A victim of domestic violence may be issued with a protective order. These orders prohibit the offender from contacting or coming near the victim. The order may require the offender to vacate their family home or give up shared assets, such as automobiles.

 

A temporary protective order is granted in emergency conditions. This order is issued without notifying the respondent. Emergency protective orders last for a few days and may be turned into a long term order, where the judge calls for a hearing and gives the offender a chance to respond to the allegations of the victim.

 

When an offender violates a protective order, they may be subjected to new charges on top of any charges that caused the victim to seek after a protective order.

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