There are qualifications that have to be met for someone to be charged with rape in the second degree. The second degree charges would be brought on if there was sexual activity and one person did not consent, or because of the age of one of the participants. If you are at least 18 years of age, and you had sexual relations with someone that is 15 years or younger, or if you had intercourse with someone who couldn’t consent because they weren’t in the right mental capacity, or they were incapable, these are instances of rape in the second degree.
Even if violence, harassment or force wasn’t used, second degree rape can be charged without the verbal consent or because of the partner’s age. If someone was physically incapable of stopping the intercourse, or if they had a mental health issue that prevented them from evaluating the situation properly or consenting, this could result in the other person involved being charged with second degree rape.
Anyone that is being accused of second degree rape, or any other type of sex crime, will be arrested and incarcerated. One cannot get out of jail until they have had their arraignment in front of a judge, where they will enter a plea, get their formal charges, find out the amount of their bail, and find out of it they will be able to be released until they have their next court appearance. It’s important to have a lawyer in place as soon as the accused is informed of the charges, or as soon as they are arrested. Talking with a lawyer before making any initial statement to the authorities is crucial, and finding an experienced lawyer that has dealt with rape cases increases one’s chances of fighting the charges and the case.
There are times when an experienced lawyer can negotiate a deal and stop the case before it even goes to trial. If the lawyer can prove that there isn’t significant evidence to show that the alleged victim did not consent to the act, or that the age of the alleged victim was believed to be older than 15 years, this could get someone out of the charges. The amount of time that has passed since the alleged incident can also have an effect on the case. If the event is over 5 years old, then that statue of imitations comes into effect and charges cannot be pursued. If it involves a minor, the incident couldn’t be brought back up 5 years after they turned 18 years old.
If convicted of second degree rape, the convicted will be charge with a class D felony. This could lead to up to 7 years in prison, and this charge requires that at least 3 years of that sentence be served. Probation could also be a requirement, and those charged have to put their name on the national sex offender registry, where anyone can see that they were charged with the second degree rape.
If you are facing second degree rape charges and you are yet to find legal representation, find an NYC criminal lawyer to start working on your case. You don’t want to give any information or details that could harm the case or your ability to get out of the charges, and a lawyer will start working on your defense right away.