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Sexual Abuse Attorneys in New York

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Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact by forcible compulsion. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed. To speak with a top-rated New York sexual abuse attorney, call Lebedin Kofman LLP today at (646) 663-4430

What is 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:

  • That on the date alleged, the defendant subjected the complainant to sexual conduct
  • The defendant did so without the complainant’s consent by use of forcible compulsion.

If you have been charged with sexual abuse, contact Lebedin Kofman LLP today. Our sexual abuse lawyers in New York can navigate you through the criminal proceedings.

Physical Helplessness 130.65(2)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact when the other person is incapable of consent by reason of being physically helpless. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

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 contact 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 subjected the complainant to sexual contact; and (2) the complainant was incapable of consent by reason of being physically helpless. To speak with a top-rated New York City criminal attorney, call us today.

Complainant Less Than Eleven 130.65(3)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact when the other person is less than 11 years old. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Sexual contact 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 contact when he or she is less than 11 years old. New York State Penal Law deems sexual contact with a person under 11 years of age to be without that person’s consent, even if in fact that person did consent.

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

To 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 subjected the complainant to sexual contact; and (2) that complainant was less than 11 years old.

Complainant Less Than 13/Defendant 21 or More 130.65(4)

 

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she is 21 years old or older and he or she subjects another person to sexual contact when the other person is less than 13 years old. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Sexual contact 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 contact when he or she is less than 13 years old. New York State Penal Law deems sexual contact 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.

 

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

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 subjected complainant to sexual contact; (2) the complainant was less than 13 years old; and (3) the defendant was 21 years old or older.

Possible Defenses to Sexual Abuse Charges in New York

These defenses can be used to protect the defendant’s in the court of law: 

  • The sexual contact was consensual.
  • The victim did not show any signs of refuting the sexual advances. 
  • The sexual contact was not done on purpose.
  • The arrests were illegal in part or whole.
  • The contact was necessary to check the welfare of a child. This includes inspecting any areas of discomfort or checking if the child is ill.
  • The victim identifies the defendant as the assailant even though the assailant were not at the scene or near the victim.

Every case is unique and each case will have its own defenses. An experienced criminal defense attorney can help you fight the allegations made against you and protect your freedom.

Arrest and Arraignment

It is possible that you will not be immediately taken into custody if you are facing charges of forcible touching. The police officer may instead issue you a Desk Appearance Ticket (DAT). If you don’t have any criminal records, a DAT is more  likely to be issued for forced touching. You will find the date, time, and location of your court date on the DAT. The DAT will state the crime against you and also indicate when your court date is. Failure to show up will result in a bench warrant being issued for you immediate arrest. If you have been issued a Desk Apperance Ticket in connection with a charge of forcible touching, it is important to speak with an experienced Desk Apperance Ticket Lawyer.

Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to set up a free initial consultation with our sexual abuse attorneys in New York.

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