Rape Attorneys in New York
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Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person by forcible compulsion. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony.
Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. Under 130.05 of the New York State Penal Law, sexual intercourse takes place without a person’s consent when there is a lack of consent to the sexual intercourse as a result of forcible compulsion.
Forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force; or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself or another person or in fear that he or she or another person will immediately be kidnapped.
To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; (2) that the defendant did so without the complainant’s consent by the use of forcible compulsion. If you have been accused of rape or another crime, it is important to speak with a top-rated New York City criminal attorney today.
If you have been charged with rape, contact Lebedin Kofman LLP today at 646-663-4430. Our rape lawyers in New York can guide you every step of the way through the criminal proceedings.
Physical Helplessness 130.35(2)
Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is incapable of consent by reason of being physically helpless. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony.
Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. Under 130.00(7) of the New York State Penal Law, a person is physically helpless when that person is unconscious or for any other reason physically unable to communicate unwillingness to an act. Sexual intercourse with a person who is physically helpless is always deemed to be without that person’s consent.
To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; and (2) the complainant was incapable of consent by reason of being physically helpless.
Complainant Less Than 11 Years Old 130.35(3)
Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is less than 11 years old. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony
Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. It is an element of this offense that the sexual intercourse was committed without the consent of the other person. Sexual intercourse takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual intercourse when he or she is less than 11 years old. New York State Penal Law deems sexual intercourse with a person under 11 years of age to be without that person’s consent, even if in fact that person did consent.
To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; and (2) the complainant was less than 11 years old.
Complainant Less Than 13/Defendant 18 or More 130.35(4)
Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is less than 13 years old and the actor is 18 years old or more. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony
Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. It is an element of this offense that the sexual intercourse was committed without the consent of the other person. Sexual intercourse takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual intercourse when he or she is less than 13 years old. New York State Penal Law deems sexual intercourse with a person under 13 years of age to be without that person’s consent, even if in fact that person did consent.
It is not a defense to this charge that the actor did not know that the person with whom the actor had sexual intercourse was less than 13 years old or that the actor believed that such person was 13 years old or more on the date of the crime.
To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; (2) the complainant was less than 13 years old; and (3) the defendant was 18 years old or more.
Rape Orgasm
Orgasm is, according to popular belief, a high level of sexual pleasure or euphoria. If someone is experiencing rape, shouldn’t they feel pleasure?
Our bodies respond to sex as well as fear. They respond in a unique way, often without our consent or intention. Orgasm in rape is not an example of pleasure. It is a physical response, regardless of whether the mind is on board – like sweating or an adrenaline rush. The analogy of tickling is often used by therapists. Tickling can be very enjoyable, but it can also be very painful if it is done against a person’s will. Despite repeated requests to stop, the tickled person will keep on laughing during this unpleasant experience. They can’t help but laugh.
Controlling sexual arousal is similar to controlling the dilation of pupils and sweat. In violent assaults, intense physical fear can increase sexual sensations through a process called “excitation transfer”. In a laboratory study, male erectile response to erotic images was enhanced by anxiety about the possibility of electric shock. This study found that the shock was not something men looked forward to. The shock was not something they enjoyed. The body’s increased state of physical arousal, and anxiety about the possibility of pain, also led to increased sexual arousal.
It is not surprising that rape victims who have experienced arousal during rape experience confusion and shame. This is due to the conflation between the physical response to arousal, and its usual association of enjoyment. Orgasm and arousal can occur during rape. However, it’s not a sign that the person is guilty or enjoying pleasure. It does not indicate consent. It’s a sign that our bodies respond, much like they react to a fast heartbeat or adrenaline rush.
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