Legally, rape is the act of participating in a sexual activity without the consent of the other party. Consent is usually in the form of verbally or physically accepting to take part in the act. The age of consent is also taken into account, and anyone under that age is considered to have been raped if they participate in sexual activity. In Suffolk Country, the age of consent is 17. The approval of the minor is not considered in statutory rape charges. All rape charges are felonies, although the severity of the punishment depends on the degree of the crime.
Rape of the first degree is a Class B felony and is the most serious. It involves forceful sexual activity with a person who has a physical disability or who is under 11 years old. Anyone over 18 years should also not have sex with people under 13 years as this will result in a similar charge. Rape in the first degree attracts a maximum jail sentence of 25 years. At the minimum, this charge will earn an offender 5 years in prison.
Second-degree rape is a Class D felony. A person of at least 18 years can be accused of this crime if they have sex with a minor of at least 15 years old. The offender must be at least 4 years older than the minor for the case to be classified as second-degree rape. This accusation can lead to a sentence of at least 7 years in prison.
Third-degree rape is less serious. It includes the participation of minors under the age of 17, and offenders over 18 years old. The offense falls under Class E felony and is punishable by 4 years imprisonment.
People convicted of these types of crimes have to register as sex offenders as per the New York laws. In case the offender is a holder of certifications that are meant to allow them to serve in various positions of trust, they may be relieved of their licenses.
If two participants are married, they are exempted from statutory rape charges. A minor can legally have sex with their spouse if they are married and the courts will not hold any charges against them. That being said, if one of them forcefully has sex with the other, they would end up in court regardless of their marriage. The same applies to couples of all ages.
A person who is under 17 years old is partially exempted from the charges if they have sex with someone between 11 and 14 years old. This only exempts them from the felony charges, but they will still have to serve time for the misdemeanor. Such charges are punished by up to 1 year in jail. The same exemption applies when people under 21 years old engage in sexual activity with those aged 15 or 16.
The law seeks to protect all citizens equally, and this also applies to rape cases. Within the confines of the law, offenders can defend their actions.
Sex between minors can be an exception to rape charges in New York. Also, people who are four years apart can be exempted from second-degree rape charges, even if one of the participants was an adult.
For individuals over the age of 17, the activity can be argued to have been consensual. Passing consent during sex can involve words and actions, and sometimes, a person might not be against the activity even though they say ‘no.’ Offenders can try to defend their actions by proving that the other party was consensual through their actions.
In New York law courts, it is also acceptable to claim mental illness. This is referred to as an insanity plea. The offender can be claimed to be incapable of making proper decisions or controlling their actions. This logically means that they are not capable of having the intention to commit crimes or to understand the limits of the law.
A valid medical or health-related purpose can also serve as a defense against rape charges. In cases where two people are married, the victim can be claimed to be incapable of showing consent because of health or age.
When people in trusted positions are charged with rape crimes, they can claim to have informed the clients that the sexual activity was not part of their procedures. If the victim consented with this knowledge, the charges could be made less severe.
It is important to know that the New York legal system does not recognize the mistake of age as a defense against rape charges. Even if the minor misrepresented themselves as adults and even appear to be mature, the law still passes judgment on the offender. However, showing proof that the defendant was 4 years older than the victim can serve as a good defense.
In New York, rape is punished according to the seriousness of the crime. The charges are classified into three categories: first degree, second degree, and third degree. People who face such charges can reduce the severity of their punishments using the defenses outlined here.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201