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Sexual Misconduct Lawyers In New York - Lebedin Kofman LLP Sexual Harassment Attorneys

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Under New York State law, a person is guilty of sexual misconduct when he or she engages in sexual intercourse with another without such person’s consent. If a person is found guilty of sexual misconduct, he or she will be charged with a Class A misdemeanor.

Under 130.20(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 an 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 or about the date alleged, the defendant engaged in sexual intercourse with the complainant and (2) that the defendant did so without the complainant’s consent by the use of forcible compulsion.

At Lebedin Kofman LLP, sexual harassment lawyers Arthur Lebedin and Russ Kofman along with their legal team of professionals dedicate their careers to those who are facing criminal charges. If you or someone you love is facing accusations of sexual harassment and sexual misconduct, don’t hesitate to reach out to the city’s sexual harassment and sexual misconduct lawyers at Lebedin Kofman LLP. Free consultation: (646) 663-4430.

New York Sexual Harassment and Sexual Misconduct Lawyers Explain New York State Penal Law 130.20(1)

Under New York State law, a person is guilty of sexual misconduct when he or she engages in sexual intercourse with another without such person’s consent. If a person is found guilty of sexual misconduct, he or she will be charged with a Class A misdemeanor.

Under 130.20(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 an 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 the incapacity to consent.

Sexual intercourse takes place without a person’s consent when that person is deemed by the law to be incapable of consent. An individual is incapable of consent when he or she is: (1) less than 17 years old; (2) mentally disabled; (3) mentally incapacitated; or (4) physically helpless.

A person is mentally disabled under New York State law when that person suffers from a mental disease or defect which renders him or her incapable of assessing the nature of his or her conduct. A person is mentally incapacitated under New York State law when that person is rendered temporarily incapable of assessing or controlling his or her conduct because of the influence of a narcotic or intoxicating substance administered to him or her without his or her consent. A person is physically helpless under New York State law when that person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

It is not a defense to a charge under 130.20(1) that the actor did not know that the person with whom the actor had sexual intercourse was less than 17 years old. Additionally, it is not a defense that the actor believed such a person was 17 years old or more on the date of the crime.

An individual who is also incapable of consent when he or she is: (1) Committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital and the actor is an employee who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital; (2) committed to the care and custody of a local correctional facility and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility; (3) committed to or placed with the office of children and family services and in residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with the office of children and family services and in residential care; or (4) a resident or inpatient of a residential facility operated, licensed, or certified by the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, and the actor is an employee of the facility, not married to such resident or inpatient.

It is a defense to a charge under 130.20(1) that the defendant was married to the victim. Married means the existence of a spousal relationship between the defendant and the victim as recognized by New York State law at the time of the alleged offense.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two or three elements: (1) That on the alleged date, the defendant engaged in sexual intercourse with the complainant; (2) that the defendant did so without the consent of the complainant because he or she was incapable of consent; and (3) if applicable, that the defendant was not married to the complainant.

Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to set up a free initial case evaluation with our criminal defense lawyers in New York.

Defenses For NYC Sexual Harassment

If the accuser consented, or you had reasonable belief that there was consent, then you could be allowed to use this defense against a charge of sexual misconduct. You should keep in mind that this defense is not applicable if the victim does not have the capacity to consent.

Another defense is the statute of limitations. If the event happened more than 2 years before the date you were arrested, then the statute of limitations bars prosecution. If you were younger than 18 when you were accused of sexual misconduct, then the limitations period does NOT begin until the victim turns 18 or is reported to law enforcement.

Sentences for Sexual Misconduct

Sexual misconduct is considered a class A misdemeanor. The maximum sentence for this offense is one year in jail. Even if you have no prior criminal records, you may be eligible to receive a 6-year probation sentence. Regardless of whether you are sentenced to jail or on probation, if you are convicted of sexual misconduct under New York Sex Offender Registration Act, (SORA), you will have to register as a sex offender for at least 20 consecutive years.

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SORA Levels of Classification

SORA divides sex offenders into three categories. These categories are determined by the underlying crime and risk of reoffending. These are the three SORA levels:

  • Low Risk (Level 1)
  • Moderate Risk (Level 2)
  • Level 3: High Risk

How are SORA Classification Levels calculated?

Before the Court decides the appropriate level of risk, defendants can request a hearing. This level is sometimes also known as the notification threshold.

Notification levels are based on a numerical score. The case facts and criminal history determine the score. The prosecutor will calculate the score prior to the SORA hearing. The prosecutor will then provide the defense with the numeric score calculated by the Risk Assessment Tool.

The Risk Assessment Instrument (“RAI”) (or Risk Assessment Scorecard) is a scorecard judges use to determine the SORA Level. The RAI will be calculated by the prosecution prior to the hearing. According to Corrections Law Section 168, the prosecution must provide their calculations to the defense. The prosecutor must give their calculations to the defense 10-15 days before the hearing. 

RAI specifically considers the following factors:

  • Age of the victim
  • Number of victims
  • Use of force or weapons
  • Injury to the victim
  • Relationship between victim and defendant

Scores on RAI and SORA Level

The SORA level is determined by the RAI total score. These are the point ranges applicable to each level:

  • Level 1: Points 0 to 75
  • Level 2: 75 to105 points
  • Level 3: 110 – 300 points

However, an individual’s status as a Predicate Sexual Offender, Sexually Violent Offender, or Sexual Predator may have an impact on the length and duration of SORA Registration.

Getting The Help Of Experienced New York Sexual Harassment Attorneys Against Sexual Harassment Claims

Sexual harassment and sexual misconduct allegations can make a huge impact on a person’s life. Especially when a person is convicted, they may be looking at months or even years of prison time and being registered in New York’s sex offender registry. This is why it is very important to seek the help of an experienced sexual misconduct lawyer when facing these kinds of charges. Having a skilled sexual harassment attorney by your side may be able to help you understand your rights and protect your freedom.

Call us today at (646) 663-4430 to schedule a consultation with the top-rated sexual harassment lawyers of Lebedin Kofman LLP.

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