Rape

Being charged with rape in New York is a serious matter with life-altering consequences. The legal system can be overwhelming, and it’s essential to have a skilled and experienced criminal defense attorney on your side who can provide guidance and representation throughout the legal process. At Viscosi Law, we understand the severity of a rape charge and its impact on your life. We are dedicated to providing aggressive and effective legal representation to help you achieve the best possible outcome for your case.

Our team of skilled attorneys deeply understands New York’s criminal justice system and the laws and regulations surrounding rape and sexual assault. We are committed to fighting for our client’s rights and interests, and we have a proven track record of success in handling complex and challenging cases. We understand that every case is unique, and we will work tirelessly to develop a strong defense strategy tailored to your specific needs and circumstances.

At Viscosi Law, we are dedicated to providing our clients with the highest level of personalized attention and support throughout the legal process. We will keep you informed every step of the way, and we will work to ensure that you understand your legal rights and options. If you are facing a rape charge in New York, don’t hesitate to contact us for a free consultation. We are here to help you fight the charges and protect your future.

Types of Rape Charges in New York

In New York, rape is classified into several degrees, each with its own set of circumstances and potential penalties:

Rape in the First Degree

Rape in the first degree is the most serious sexual offense in New York. It occurs when someone engages in sexual intercourse with another person by force or the threat of force and causes serious physical injury or uses a deadly weapon. This offense is a class B felony and carries a potential sentence of up to 25 years in prison and a lifetime of registering as a sex offender.

To prove rape in the first degree, the prosecution must show that the defendant had sexual intercourse with the victim against their will and that force or the threat of force was used. The prosecution must also demonstrate that the defendant caused severe physical injury to the victim or used a deadly weapon during the commission of the offense.

Rape in the Second Degree

Rape in the second degree is a serious sexual offense in New York. It occurs when someone engages in sexual intercourse with another person without their consent, where the victim is incapable of support due to a physical disability, or where the offender is 18 or older and younger than 15 years old. This offense is a class D felony and carries a potential sentence of up to 7 years in prison and a lifetime of registering as a sex offender.

To prove rape in the second degree, the prosecution must show that the defendant had sexual intercourse with the victim without their consent and that the victim was incapable of giving consent due to a physical disability or the offender’s age. The prosecution must also demonstrate that the defendant knew or should have known that the victim could not give consent.

Rape in the Third Degree

Rape in the third degree is a serious sexual offense in New York. It occurs when someone engages in sexual intercourse with another person without their consent and where the victim is incapable of consent because they are mentally incapacitated or physically helpless. This offense is a class E felony and carries a potential sentence of up to 4 years in prison and a lifetime of registering as a sex offender.

To prove rape in the third degree, the prosecution must show that the defendant had sexual intercourse with the victim without their consent and that the victim was mentally incapacitated or physically helpless at the time of the offense. The prosecution must also demonstrate that the defendant knew or should have known that the victim could not give consent.

Aggravated Sexual Abuse in the Second Degree

Aggravated sexual abuse in the second degree is a serious sexual offense in New York. It occurs when someone engages in sexual contact with another person by force or coercion or with a victim incapable of consent due to being physically helpless or mentally incapacitated. The offender uses their power or authority to commit the offense. This offense is a class C felony and carries a potential sentence of up to 15 years in prison and a lifetime of registering as a sex offender.

To prove aggravated sexual abuse in the second degree, the prosecution must show that the defendant engaged in sexual contact with the victim by force or coercion or with a victim who was physically helpless or mentally incapacitated and that the defendant used their power or authority to commit the offense.

Examples of situations that could lead to charges of aggravated sexual abuse in the second degree include a teacher engaging in sexual contact with a student, a police officer sexually abusing someone in custody, or a doctor taking advantage of a patient during a medical examination.

Criminal Sexual Act in the First Degree

A criminal sexual act in the first degree is a serious sexual offense in New York. It occurs when someone engages in oral or anal sexual contact with another person by force or coercion or with a victim incapable of consent due to being physically helpless or mentally incapacitated. This offense is a class B felony and carries a potential sentence of up to 25 years in prison and a lifetime of registering as a sex offender.

To prove criminal sexual act in the first degree, the prosecution must show that the defendant engaged in oral or anal sexual contact with the victim by force or coercion or with a victim who was physically helpless or mentally incapacitated and that the contact occurred without the victim’s consent.

Examples of situations that could lead to charges of criminal sexual act in the first degree include a stranger attacking someone in a public place or someone using force or threats to sexually abuse a victim.

Criminal sexual act in the second degree

A criminal sexual act in the second degree is a serious sexual offense in New York. It occurs when someone engages in oral or anal sexual contact with another person by force or coercion or with a victim who is incapable of consent due to being under the age of 15 years old. This offense is a class D felony and carries a potential sentence of up to 7 years in prison and a lifetime of registering as a sex offender.

To prove criminal sexual act in the second degree, the prosecution must show that the defendant engaged in oral or anal sexual contact with the victim by force or coercion or with a victim who was under the age of 15 years old and that the contact occurred without the victim’s consent.

Examples of situations that could lead to charges of criminal sexual act in the second degree include an adult engaging in sexual contact with a minor or someone using force or threats to sexually abuse a victim.

Types of Punishment for Rape in Florida

The types of punishment for rape in New York depend on the specific charge and the severity of the offense. Here is a general overview of the potential penalties for different types of rape charges:

Rape in the First Degree

Rape in the first degree is the most serious rape charge in New York, and it carries harsh penalties. It occurs when someone engages in sexual intercourse with another person by force or coercion or with a victim who is incapable of consent due to being physically helpless or mentally incapacitated. This offense is a class B felony and carries a potential sentence of up to 25 years in prison and a lifetime of registering as a sex offender.

Rape in the Second Degree

Rape in the second degree is a serious criminal offense in New York. It occurs when someone engages in sexual intercourse with another person without that person’s consent, but without the use of physical force or threats of physical force. This offense is a class D felony and carries a potential sentence of up to 7 years in prison, as well as a lifetime of registering as a sex offender.

Rape in the Third Degree

Rape in the third degree is a criminal offense in New York involving sexual intercourse with someone without their consent. However, it differs from rape in the first and second degree in that it does not involve the use of force or the threat of force. This offense is a class E felony and carries a potential sentence of up to 4 years in prison and a lifetime of registering as a sex offender.

In addition to prison time and sex offender registration, those convicted of rape in New York may be subject to fines, probation, and other penalties. They may also face social stigma and difficulty finding employment or housing.

These penalties are not set in stone, and the specific circumstances of each case can impact the severity of the punishment. An experienced criminal defense attorney can help build a strong defense and advocate for the best possible outcome. If you have been charged with rape in New York, contact Viscosi Law today for a free consultation.

What is the Sex Offender Registry?

The sex offender registry in New York is a database maintained by the state that contains information on individuals convicted of certain sex offenses. The registry is accessible to law enforcement agencies, employers, and members of the public and serves as a tool to help protect communities from sexual predators.

Individuals who are required to register as sex offenders in New York are required to provide their name, address, photograph, and other identifying information to law enforcement agencies, who then enter this information into the registry. The registry includes information on individuals convicted of offenses such as rape, sexual abuse, and possession of child pornography.

The sex offender registry in New York is broken down into three tiers based on the severity of the offense committed. Tier 1 offenders are considered to pose the lowest risk to public safety and must register for 20 years. Tier 2 offenders pose a moderate risk to public safety and must register for life. Tier 3 offenders are those considered to pose the highest risk to public safety. They must register for life and provide additional information, such as their vehicle and employment information.

Being listed on the sex offender registry can significantly affect an individual’s personal and professional life. It can restrict their ability to obtain housing, employment, and education, leading to public stigma and harassment.

Types of Defense for Rape in Florida

Several possible defenses can be used to fight the charges, including:

Consent: One of the most common defenses for rape charges in Florida is that the sexual activity was consensual. If the defense can show that the victim consented to the sexual activity, then the charges may be dismissed or reduced.
Mistaken Identity: In some cases, the accused may claim that they were not the person who committed the offense and that they have been falsely accused due to mistaken identity.
False Accusation: In some cases, the accused may claim that they have been falsely accused of rape and that the victim made up the allegations for personal gains, such as revenge or financial gain.
Lack of Evidence: If the prosecution cannot provide enough evidence to prove the charges beyond a reasonable doubt, then the charges may be dismissed or reduced.
Insufficient Evidence: If the prosecution cannot provide enough evidence to prove that the accused committed the offense, then the charges may be dismissed or reduced.
Improper Investigation: If the prosecution fails to follow proper investigative procedures, such as gathering and analyzing evidence properly, then the charges may be dismissed or reduced.

Contact Viscosi Law today to schedule a consultation and learn how we can help you fight your charges. With Viscosi Law on your side, you can feel confident that you receive the highest legal representation in New York.

How Common are Rape Charges in New York?

Rape charges are, unfortunately, relatively common in New York, as in many other states. The exact number of rape cases filed in New York each year can vary depending on a range of factors, including changes in reporting and prosecution policies, as well as changes in social attitudes and cultural norms.

According to the New York State Division of Criminal Justice Services, there were 1,631 reported rape cases in the state in 2020. This represented a decrease of 6.4% from the previous year, likely due in part to the COVID-19 pandemic and resulting changes in social behavior.

It is important to note, however, that many cases of rape go unreported, and the true number of incidents is likely much higher than what is reflected in official crime statistics. Victims of sexual assault may be hesitant to report the crime due to fear, shame, or other concerns and may not feel comfortable seeking help until much later.

If you have been accused of rape or any other sex offense in New York, it is crucial to seek the help of an experienced criminal defense attorney. At Viscosi Law, we have extensive experience defending clients against sex crime charges and will work tirelessly to build a strong defense on your behalf. Contact us today for a free consultation.

Viscosi Law Can Help You Today

At Viscosi Law, our attorneys have extensive experience representing clients facing rape charges in New York and are committed to providing aggressive and effective representation.

Don’t wait another day to get the legal representation you deserve. Contact Viscosi Law today to schedule a consultation and learn more about how we can help you fight your rape charges in New York. Our attorneys will provide you with the best possible defense, working tirelessly to protect your rights and secure a favorable outcome for your case.

With Viscosi Law on your side, you can feel confident that you receive the highest legal representation in New York. Contact us today to schedule a consultation and take the first step towards protecting your rights and fighting your rape charges.