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New York Penal Code 130.95: Predatory Sexual Assault

May 4, 2017 New York Penal Code

New York Penal Code 130.95 is defined as predatory sexual assault. What makes this type of law differ from others is there is no age limit in regards to the victim or the predator. It’s a dangerous, and very serious crime in New York. New York State law dictates anyone found guilty of predatory sexual assault could spend up to life in prison if the guilty party has prior offenders. First time sexual assault predators will spend a minimum of 10 to 20 years in prison, and second time offenders a minimum of 15 years in prison. If you are a third time or more offender, the consequence is at least 25 years in prison to life. There are many stipulations regarding release, including becoming a registered sexual predator, mandatory supervision, and any other offenses take a more serious note.

Predatory sexual assault is a broad term, and it includes first degree rape, aggravated sexual abuse, sexual misconduct against a child, and any other form of sexual misconduct on a person who does not provide his or her compliance in the act. Those found guilty of this crime will hold on to the crime on their personal record for the rest of their lives as there is no statute of limitations for this type of misconduct in the legal world.

Examples of Predatory Sexual Assault

Any person who forcibly touches and engages in sexual acts with another person against their will is guilty of predatory sexual assault. It could be a stranger in an alley who stops a woman and forces her to have sex with him or provide him with oral sex against her will, and it can be a husband who makes his wife have sex with him when she doesn’t want to. When he does it again to another woman, it’s considered predatory. The misconception is that rape is no longer a problem when a couple is married, but it is not true. Any sexual act turned down by one person and then forcibly engaged by the other is considered predatory sexual assault, but only if it occurs with more than one person.

When it occurs to one person, it’s still rape and sexual assault. However, the predatory nature of it is taken off the title due to the fact only one woman was assault. In this case, it’s sexual assault or rape. It must occur to more than one woman to be considered predatory, as it’s an isolated and unfortunate event when it occurs to only one woman.

Defenses

A NYC criminal attorney will tell anyone accused of predatory sexual assault that their defense is to discern the truth from a lie. Their job is to find undeniable proof that the sex act was consensual so that you are not accused of being a sexual predator. The problem with predatory sexual assault for a defendant is it involves more than one person. This means more than one person is accusing the defendant of assault, and proving more than one person is lying is not an easy task.

The burden of proof falls on the prosecutor in a court of law, and it means you must do what you can to find the truth or at least dispel any lies that are coming from the victim and/or her friends and family. A conviction means many years in prison, and it means spending the rest of your life labeled a sexual predator. This affects your ability to live in certain places, go certain places, and obtain legal and gainful employment in many places.

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