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Staten Island Rape Lawyers

New York State Law Regarding Rape

Understanding the Legal Framework

New York state law classifies rape into three categories, according to the New York Penal Code. Rape represents one of the most serious types of crimes for which a person can be prosecuted. As a consequence, a person charged with rape needs to understand the general elements of applicable law, legal rights, and must appreciate the importance of retaining a skilled, experienced Staten Island rape lawyer.

Definition of Rape

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

New York state law defines rape as non-consensual sexual intercourse perpetrated on an alleged victim by force, coercion, threat of physical force, or other types of duress. Pursuant to New York rape statutes, sexual intercourse has its ordinary meaning and occurs regardless of how light the penetration may be in a particular case. Rape has been a crime for centuries, although the penalties have evolved over time, along with who and when a person can be charged with the crime, according to Cornell Law School.

Degrees of Rape

  • First Degree Rape: First-degree rape in New York is defined as sexual intercourse perpetrated by force. Additionally, a person can be charged with first-degree rape if the alleged victim is less than 11 years of age or if the alleged victim is less than 13 years of age and the alleged perpetrator is 18 years of age or older.
  • Second Degree Rape: Second-degree rape is defined as sexual intercourse with a person incapable of consenting because of being mentally disabled or incapacitated. Second-degree rape can also be charged if the alleged victim is under the age of 15 and the alleged perpetrator is over the age of 18.
  • Third Degree Rape: Third-degree rape is defined as sexual intercourse with a person incapable of consent for some reason other than being under the age of 17. A person can be charged with third-degree rape if he is over the age of 21 and the alleged victim is less than 17 years of age.

Statutory rape is another derivation of the crime. Statutory rape is sexual intercourse with a person under the age of 17. The law in New York presumes that a person under the age of 17 legally is incapable of consenting to sexual intercourse.

First-degree rape is a Class B felony, second-degree rape is a Class D felony, and third-degree rape is a Class E felony.

Penalties for Rape

A conviction for first-degree rape can result in a prison term of five to 15 years and a possible fine of up to $5,000. Second-degree rape can result in a sentence of one to seven years in prison and a fine of up to $5,000. Finally, a conviction for third-degree rape can result in a prison sentence of up to four years and a $5,000 fine.

In the aftermath of a rape conviction, a person will be required to submit to the sex offender registry in the state of New York. The registry requirement can continue for the remainder of a person’s lifetime after a rape conviction.

A person convicted of rape will also likely be required to obtain counseling or treatment of some nature. This determination can be made on a case-by-case basis.

Defenses for Rape

There are a number of defenses that are used in rape cases. One common defense in a rape case is that the alleged victim consented to engaging in sexual intercourse with the purported perpetrator. The defense of consent oftentimes arises in a so-called “date rape” case.

A defense to certain rape charges is a contention that the alleged perpetrator did not know of an incapacity suffered by the alleged victim. For example, the alleged perpetrator was reasonably unaware that the alleged victim had a mental disease or defect.

Another defense utilized in rape cases involves a contention that someone else committed the crime. A defense attorney will contend that his or her client is wrongly identified as the perpetrator of the crime charged. This most commonly is called an insanity defense.

In some limited instances, a defense in a rape case is the contention that the alleged perpetrator suffers from a mental illness. Even if a person suffers from a mental illness, it does not mean that the condition rises to the level of legal insanity. An experienced Staten Island rape attorney can ascertain the appropriateness of an insanity defense.

Engage Experienced Staten Island Rape Lawyers

The first step in hiring a Staten Island rape lawyer is scheduling what commonly is referred to as an initial consultation. An initial consultation allows a person charged with rape the ability to obtain an evaluation of the case from legal counsel. In addition, the person charged with rape is able to get answers to questions about the case. There typically is no attorney fee charged for an initial consultation with Staten Island rape lawyers.

Understanding Rape and Sexual Battery

Differentiating the Offenses

What is Rape or Sexual Battery?

When an individual is raped or sexually battered, they may experience low self-esteem, fear, anger, and depression. The criminal changes a victim’s life for any number of reasons. Here, we discuss rape and sexual battery and the difference between the two.

Sexual Battery

Sexual battery means touching a victim in inappropriate areas without their consent for sexual arousal but not having penetration. For example, if a person touches another’s buttocks or fondles their breasts for sexual arousal without that person’s consent, this is considered sexual battery.


Rape is defined as an individual forcing another to engage in sexual intercourse or any type of sexual act that involves penetration without their consent. An example of this is a man breaking into a home and forcing a woman to have sex against her will. A criminal may use a weapon to engage in this activity, or they may threaten the victim by stating they will harm them or their family if they don’t perform what is requested.

Fraud is another way criminals rape victims. For instance, a therapist might tell her client sex is therapeutic, and they require it to recover.

Misdemeanors or Felonies

Sexual battery is generally considered to be a misdemeanor. There are some cases, however, that change that charge to a felony. Some reasons sexual battery is considered a felony are:

  • Sexual contact with a child
  • Sexual contact with an unconscious person
  • Contact where skin is on skin with no clothing.

In some states, if a minor is a certain age, the criminal must be older than the victim by a certain number of years for the act to be considered a crime.

In many states, a person who is of authority over others can receive criminal charges for engaging in sexual acts with a person under their authority. For instance, if a prison guard has sex with one of the prisoners, this can be considered a crime even if the victim consents. The reason for this is people under the authority of guards, police officers, and other authoritative figures may be incapable of knowing voluntary consent because they may fear saying no.

Defendant’s Reasoning

Defendants generally plead not guilty to either of these crimes. In many cases, they may not be guilty, but that will be decided in a court of law. One defense they may use is that they weren’t actually the criminal, and that someone else performed the act. Claiming to not be of right mind is another one that is used often. One of the most widely used defenses in criminal courts is that the sexual act was consensual, meaning the victim gave their consent.

Legal Ramifications

Legal ramifications, or consequences, for sexual battery or rape can vary from state to state. Because sexual battery is considered a less serious offense, it carries a lighter sentence. The defendant may receive jail time of up to one year. He may not receive jail time but be put on probation, or he may receive a combination of the two.

For rape, a defendant will usually receive jail time for years. This depends on which state the crime is committed in. Besides the jail sentence for rape or sexual battery, the defendant may be required to undergo some type of therapeutic treatment either in or out of jail. They are also required to register in the state they reside in as a sexual offender. This means he has to list his name, address, and information about the crime he committed and file it with the state registry. The public is able to come by and view at least some if not all of his information so they know where sexual offenders are in their area.


If you have been accused of sexual battery or rape, your future hangs in the balance, and you need an experienced criminal attorney on your side. Depending on the state you live in, you may spend many years in prison if you are convicted. Give us a call, and let us review your case because your life is worth it

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