New York Penal Code 130.35: Rape in the First Degree

New York Penal Code 130.35: Rape in the First Degree

Rape is often seen as a male forcing a female to have sex without her consent. While this is a component of the the crime, rape is any forced sexual act that takes place by either a male or a female. Rape is more than just forcing someone to have sex without that person’s consent. It’s a sexual act that could be demanded under duress, such as with threats or by using drugs. When there is one person under the legal age to consent to having sex, even if those two people are in a relationship, the crime is called statutory rape.

First-degree rape is the charge given when there is physical force used or an immediate threat to the victim at the time. If the person is physically unable to tell the defendant no, then this is considered rape as well. When the victim is under the age of 11 or when the victim is under the age of 13 and the defendant is 18 or older, then the charge of rape can stand up in a court room. First-degree rape is considered a Class B felony. Possible sentences can include up to 25 years in prison and fines of up to $5,000.

Examples Of First-Degree Rape
The act of rape is often simple and clear-cut in regards to the actions that take place. A defendant could be alone with the victim and hold the person down while engaging in a sexual act. Another example would be that the defendant has the victim in a vehicle. Without letting the victim get out of the car, the defendant would perform sexual acts. When someone is at a bar and slips a drug into the drink of someone else and then has sex with that person without the victim knowing what is taking place, then it’s considered rape. The victim could be unconscious because of an illness, injury or simply from drinking too much or taking a drug on the person’s own accord. If someone decides to engage in a sexual act with that person, then it would constitute a rape charge.

A spouse can be charged with rape if one person doesn’t want to engage in sexual acts and tells the other spouse no but is still forced to have sex. If one person in the relationship is 16 and the other is 18, it would seem that it would be consensual if the couple has a sexual relationship. However, the parents of the underage person can press charges for rape until that person is of the legal age to consent to the sexual aspect of the relationship. There are situations when the victim is of a young age, such as 10 or 11, and doesn’t understand the meaning of sexual acts. This is grounds for rape charges and is also referred to as statutory rape. Some states will classify this as sexual assault as well.

Rape Defenses
There are a few defenses that a NYC criminal attorney can use in the court room. One is that the two people were in a relationship at the time of the sexual act. Another is that there was someone else who committed the crime. Insanity is also an option if the defendant has a history of mental illness.

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