Sexual crimes have a particular stigma attached to them, and rape is the most serious of the sex crimes charges. Courts tend to be very harsh on rape convictions, and those accused need to go to great lengths to defend themselves. Rape cases often involve an element of testimony from both parties involved, so good preparation can be critical. If you are being charged with rape, contact David Galison today and begin discussing your case so you will be ready when your day in court arrives.
There are three degrees of rape on the books under New York state law. Each is a very serious charge in its own right, and no rape allegation should ever be taken lightly.
Rape in the Third Degree
This is the least of the charges, and it involves an individual of 21 years or older engaging in sexual intercourse with a person aged 17 years or younger. This crime is a class E felony, punishable by up to four years in prison.
Rape in the Second Degree
If the accused is at least 18 years of age and engages in sexual intercourse with someone 15 years of age or younger, second degree rape charges can result. Also, second degree rape can occur when the accused engages in sexual intercourse with a person who is incapable of consent by reason of mental disability. This is a class D felony, punishable by up to seven years in prison.
Rape in the First Degree
This most serious rape charge is brought when the accused engages in sexual intercourse with another person -
- through forcible compulsion
- who is incapable of consent to do physical disability
- who is less than eleven years old
- who is less than thirteen years old when the accused is eighteen or older
This is a class B felony and can be punished by up to 25 years in prison. Additonally, any rape conviction will result in the accused having to register as a sex offender.
Sex crime charges are among the most serious under the laws of the state of New York, and will be fully prosecuted in almost every case. Call our office today at 516-242-4477 for a free consultation. Don’t waste any time in getting started constructing your defense.