Because of the nature of the alleged conduct, sexually based offenses receive special attention from law enforcement in New York. With some notable exceptions, generally speaking, these offenses presuppose one person taking advantage of either, either through coercion or force, for the actors gratification at the expense of the other. As a society, we view our bodies and our sexuality to be private and privileged, so behavior that violates a person's free will with respect to these choices is perceived as dehumanizing and deserving of harsh punishments. Because of this, prosecutors frequently make offers in sex crimes cases which are higher than other crimes which are the same offense level.
Sex crimes have always been, and probably always will be a difficult subject because they touch on intimate contact. The right balance is often difficult to find because there is an inherent need to protect a person's intimacy, but allegations of this nature have the ability to destroy a person's life. Once a person has been branded as a sex offender, even if the charges are dropped and the individual is exonerated, the damage to their reputation is done and that person can be stigmatized for the rest of their life. In addition, a sex crimes conviction in New York will usually land the defendant on the online Sex Offender Registry for all to see, from anywhere from 20 years to life.
Often, the central question of whether or not consent was given (or withdrawn) for sexual contact boils down to a "he said / she said" back and forth. Signals are sent and received, and while sometimes people are abused and victimized, sometimes these signals are innocently misinterpreted. But instead of listening to both sides and giving equal weight to the stories presented by the defendant and accuser, detectives and prosecutors make their determination of what happened based on hearing only one side. The detectives will then call the defendant down to the station under the guise of allowing them to present their story, but their real intention is to elicit incriminating statements to aid in the prosecution. There is virtually no way a person can talk their way out of a sex crimes arrest once they have been accused.
The following represents the sexually based offenses which a person can be charged with in New York:
- NY Penal Law § 130.25 - Rape in the Third Degree
- NY Penal Law § 130.30 - Rape in the Second Degree
- NY Penal Law § 130.35 - Rape in the First Degree
- NY Penal Law § 130.40 - Criminal Sexual Act in the Third Degree
- NY Penal Law § 130.45 - Criminal Sexual Act in the Second Degree
- NY Penal Law § 130.50 - Criminal Sexual Act in the First Degree
- NY Penal Law § 130.52 - Forcible Touching
- NY Penal Law § 130.55 - Sexual Abuse in the Third Degree
- NY Penal Law § 130.60 - Sexual Abuse in the Second Degree
- NY Penal Law § 130.65 - Sexual Abuse in the First Degree
- NY Penal Law § 130.65a - Aggravated Sexual Abuse in the Fourth Degree
- NY Penal Law § 130.66 - Aggravated Sexual Abuse in the Third Degree
- NY Penal Law § 130.67 - Aggravated Sexual Abuse in the Second Degree
- NY Penal Law § 130.70 - Aggravated Sexual Abuse in the First Degree
The New York sex crimes attorneys at the Law Offices of Jeffrey Lichtman understand that the majority of these cases hinge on the complainant's credibility. We have won these difficult cases and we have obtained dozens of favorable dispositions in many cases after providing information to the prosecutor which obliterates the accuser's credibility. We thoroughly investigate every angle and tirelessly work to expose any motivation a witness has to lie - and our hard work has often disposed of cases before they are even brought. To protect both your rights and your reputation, call us today at (212) 581-1001 for a free case evaluation.