A Rape Charge in New York Will Affect the Rest of Your Life

 

Rape Charges in New York City: You Need a Top NEW YORK CITY CRIMINAL ATTORNEY

 

RAPE is the criminal act of forced sexual relations with another persona against that person’s will. A spouse many be convicted of rape if the actor forces the spouse into nonconsensual sex. Typically, the victim has to exhibit some form of physical resistance. In some situation, proof of verbal objects to the sexual acts can be enough to prove lack of consent. Sexual contact with a minor or incapacitated person may also be considered rape.

Allegations of rape can destroy a person’s life. Rape is seen as one of the worst crimes that can be committed, as the psychological damage to the victim lasts a lifetime. The New York penal code strictly punishes those convicted of sexual criminals, especially when the act is committed against a minor.

According to New York Penal Code S130.35, 1st degree rape is defined by the perpetrator forcibly compelling a person to have sexual intercourse. There are also cases in which the victim may be incapacitated and unable to resist the attacker, or may be a minor child. In any event, the severity of the offense is directly proportional to the perceived heinousness of the offense.

Rape in the second degree, S130.30 is considered a lesser but no less shocking offense, but punishments could be less severe. The law states that you are guilty of rape in the second degree if you engage in sexual congress with someone who is unable to consent by reason of mentally disabled or incapacitated. The Penal Code also clarifies that if you are eighteen or more and are having sex with someone under the age of 15, you are also within the sentencing guidelines of rape in the second.


Attempted Rape Scene

NYS Penal Code Stipulates Life Sentences for Rape

Rape in the third degree as decreed in the New York Penal Code, is when the defendant is 21 or older and has sexual intercourse with someone under 17. The defendant may also be found guilty of rape in the third degree if he or she is caught having sex with someone that is incapacitated for any other reason besides inability to consent. While it is true that this is a far less serious offense, it is still dealt with harshly in a court of law.

Since there is considerable pressure in today’s society to punish rape in any form, the judicial system is designed to be difficult to navigate to make it harder for defendants to wiggle out of a conviction. In many cases, the evidence may be subjective or even latent. There are often times situations where the accused may be wrongly jailed or arrested. It is imperative to hire an attorney that is willing to fight for you when faced with a wrongful accusation.  In other cases, the evidence may be overwhelming in appearance, but the accused may have a solid basis for defense.

If charged with rape in NYC, contact a reputable New York criminal attorney ASAP

When faced with a daunting arrest for rape in any form, you should seek the advice of an attorney that focuses on sex crimes. There are cases where there is mitigating evidence that may help in a court of law, but without the proper counsel, the defendant is powerless to present a defense. The percentage of rapes versus convictions is usually very high, so it isn’t a wise choice to go it alone.

When you are charged with a sex crime, it is important to remember that you have a right to remain silent. You have the right to an attorney and one phone call.

 

Rape is a very serious situation in the State of New York. You need the help of a top ranked NYC defense lawyer to avoid stiff penalties including jail time. Law Office of Bukh & Associates, PLLC is ready and waiting for your call 24 hours per day, 7 days per week at (800) 601-0207.

 

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