New York Sex Crimes Lawyer

Sex crime charges in New York carry significant weight within the legal system. Accusations of such offenses can profoundly impact your life, potentially resulting in severe penalties and long-lasting consequences. Depending on the nature and severity of the charges brought against you, you may find yourself facing the possibility of incarceration, substantial fines, and probationary periods. Furthermore, being designated as a sex offender under the Sex Offender Registration Act (SORA) can have lifelong ramifications, impacting various aspects of your personal and professional life. Given the gravity of these allegations, if you are facing a sex crime charge, contact a seasoned New York sex crime lawyer. At Stephen Bilkis & Associates, we recognize the seriousness of these charges and are dedicated to safeguarding your rights throughout the legal proceedings. Our experienced team possesses a deep understanding of New York's statutes pertaining to sex crimes. We are committed to providing you with the necessary counsel and representation to effectively navigate the intricacies of the legal system.

Common Sex Crime Offenses

There a many different types of sex crimes, though some get more press than others.

Internet sex crimes, particularly those targeting children, have seen a significant increase in recent years. Predators often exploit online platforms to victimize vulnerable minors. Consequently, law enforcement agencies have intensified efforts to monitor individuals' internet activities. The distribution of child pornography is prevalent on the internet, a violation outlined in New York Penal Law Article 263. The mere possession of illicit materials on a computer can result in criminal charges in cases involving child pornography.
Another common sex crime is date rape. Date rape is a type of sexual assault where non-consensual intercourse occurs, often involving violence or threats. Unlike stranger rape, in date rape, the perpetrator is familiar with the victim. The use of date rape drugs like GHB and Rohypnol, also known as "roofies," has become more prevalent, contributing to the frequency of such assaults. Being accused of date rape is a significant legal matter, and it's crucial to seek prompt legal assistance from a New York sex crime lawyer. They can provide guidance and representation to navigate the legal proceedings effectively.
Statutory rape involves engaging in sexual activity with an individual who is below the age of consent, even if they appear to consent to the activity. In New York, the age of consent is 17 years old. This means that anyone under the age of 17 is legally unable to consent to sexual activity. Therefore, if an individual engages in sexual activity with someone under the age of 17, it is considered statutory rape, regardless of whether the minor appears to consent.
It's important to note that statutory rape laws are in place to protect minors from exploitation and abuse. Even if a minor willingly participates in sexual activity, they are not legally capable of providing consent due to their age. As a result, individuals who engage in sexual activity with minors can face serious legal consequences, including criminal charges and potential imprisonment.
In New York, statutory rape is classified as a felony offense. The severity of the charges and potential penalties can vary depending on factors such as the age difference between the parties involved and the specific circumstances of the case. Additionally, individuals convicted of statutory rape may be required to register as sex offenders, which can have long-lasting consequences for their personal and professional lives.
Child sex abuse in New York refers to any sexual activity involving a child who is under the age of consent, which is typically 17 years old. This includes any sexual contact or behavior that is deemed inappropriate or harmful to the child, regardless of whether force or coercion is involved. Child sex abuse encompasses a wide range of offenses, including but not limited to sexual assault, molestation, exploitation, and pornography.

In New York, child sex abuse is a serious criminal offense that carries severe penalties upon conviction. The laws are designed to protect minors from exploitation and harm, recognizing their vulnerability and the lasting impact of such abuse on their physical, emotional, and psychological well-being. Perpetrators of child sex abuse can face significant legal consequences, including imprisonment, fines, and mandatory registration as a sex offender.

If you are accused of child sex abuse in New York, it's critical to take the accusations seriously and seek legal representation immediately. Being accused of child sex abuse can have severe consequences, including potential imprisonment, fines, and mandatory registration as a sex offender. It's essential to understand your rights and legal options, as well as to have a skilled attorney advocate on your behalf. An experienced New York sex crime lawyer can help navigate the complexities of the legal system, build a strong defense strategy, and work towards the best possible outcome for your case. It's important to refrain from discussing the allegations with anyone other than your legal representation. With the assistance of a knowledgeable legal representation, you can defend yourself against the accusations and seek a fair and just resolution to the charges.

Consequences of a Sexual Assault Conviction

The consequences of a sexual assault conviction are severe. If convicted, you could face imprisonment, fines, and probation. According to the Department of Justice, more than 50% of sexual assault convictions lead to prison sentences. Sexual assault carries one of the lengthiest average prison terms, alongside murder, averaging 7 years behind bars. The actual length of a prison terms depends on several factors, including the classification of the sex crime.

In New York, the Penal Law classifies sex crimes into categories: Class A or Class B misdemeanors, and Class A through Class E felonies. Each category has its own maximum prison sentence:

Class A felonies carry a maximum life imprisonment sentence
Class B felonies carry a maximum 25-year imprisonment sentence
Class C felonies carry a maximum 15-year imprisonment sentence
Class D felonies carry a maximum seven-year imprisonment sentence
Class E felonies carry a maximum four-year imprisonment sentence
Class A misdemeanor convictions result in a maximum one-year jail sentence
Class B misdemeanor convictions result in a maximum three-month jail sentence

Additionally, a conviction requires registration as a sex offender under SORA. This registration can make it challenging to find housing and employment. Sex offender registration in New York is governed by the Sex Offender Registration Act, which requires individuals convicted of certain sex offenses to register with law enforcement agencies. The purpose of sex offender registration is to provide law enforcement and the public with information about convicted sex offenders living in their communities. This allows law enforcement to monitor and track the whereabouts of sex offenders and enables members of the public to take precautions to protect themselves and their families. Under SORA, individuals convicted of qualifying sex offenses must register with the Division of Criminal Justice Services (DCJS) within 10 days of their release from incarceration or placement on probation. Registrants are required to provide personal information, including their name, address, date of birth, physical description, and details about their conviction. They must also provide updated information to the DCJS annually and whenever there is a change in their address or other required information.

Given the gravity of these consequences, it's crucial to seek the assistance of an experienced sex crime attorney in New York. They can help navigate the legal complexities and provide guidance throughout the process. They will work to protect your rights and advocate for the best possible outcome. If you're facing sexual assault charges, don't hesitate to contact a skilled legal representation who can help defend your case and mitigate the potential consequences.

Notable Sex Crimes Cases in New York

The following three cases demonstrate the complexity of sex crimes cases and the many factors that must be considered in determining whether an accused is guilty and the appropriate sentence.

People v. Rhodehouse, 88 A.D.3d 1030 (N.Y. App. Div. 2011). This case focused on the Sex Offender Registration Act and the validity of the defendant's classification as a risk level II sex offender under SORA. The defendant, previously convicted in Florida for solicitation to commit a lewd act and contributing to the delinquency of a child, relocated to Schuyler County. Due to her prior offenses, the Board of Examiners of Sex Offenders deemed it necessary for her to register in New York under SORA. Following this determination, a risk assessment was conducted, initially classifying her as a risk level I sex offender. However, County Court subsequently upgraded her classification to risk level II after a hearing. The defendant contested both the necessity of registration in New York and the classification level assigned by County Court. The court affirmed the decision of County Court, upholding the defendant's classification as a risk level II sex offender under SORA. Despite the defendant's objections, the court found sufficient evidence to support the classification, ensuring compliance with SORA guidelines.
People v. Worden, 980 N.Y.S.2d 317 (N.Y. 2013). This was a case involving and accusation of date rape. The central issue was whether the defendant's guilty plea adequately addressed the elements of the crime of third-degree rape. The defendant faced charges of third-degree rape stemming from incidents involving his former girlfriend. Allegations suggested that the defendant engaged in sexual intercourse with the victim while she was under the influence of medication, despite her verbal objections during the encounters. Ultimately, the defendant entered a guilty plea to one count of third-degree rape, hoping to resolve the indictment against him. Upon careful examination, the court determined that the defendant's guilty plea was not sufficient to support the conviction. Key misunderstandings regarding the definition of "lack of consent" under the relevant statute cast doubt on the validity of the plea. Consequently, the court reversed the previous decision, vacated the guilty plea, and remanded the case for further proceedings.
People v. Johnson, 12 N.E.3d 1109 (N.Y. 2014). In another date rape case, the primary issue at hand was the validity of the defendant's guilty plea to rape in the second degree. Despite the plea, discrepancies arose regarding the elements of the crime and the defendant's understanding of the charges against him. he defendant faced charges of rape in the first degree and criminal possession of stolen property in the fifth degree. The victim, however, had no recollection of the events leading to the alleged rape, except for drinking in a bar and then waking up at home in a disheveled state, with some belongings missing. Subsequent investigation linked the defendant to the victim's missing belongings and DNA evidence from a rape kit. Upon review, the court determined that the guilty plea lacked a sufficient factual basis to support the conviction. Despite attempts to establish the victim's mental incapacitation, the allocution failed to provide adequate evidence for such a claim. As a result, the court reversed the previous decision, granted the defendant's motion to vacate the plea, and remanded the case for further proceedings.

Contact Stephen Bilkis & Associates

Whether it’s forcible touching, rape, or an internet sex crime facing a sex crime charge is a serious matter. The consequences may be prison and sex offender registration. This will negatively impact both you and your family. If you are facing a sex crime charge, contact Stephen Bilkis & Associates. From the initial consultation to the resolution of your case, we will stand by your side, advocating vigorously on your behalf. With meticulous attention to detail, we will conduct a thorough examination of the circumstances surrounding your case, scrutinizing evidence and formulating a robust defense strategy tailored to your specific situation. Our objective is to secure the best possible outcome for you, whether through negotiation with prosecutors or assertive litigation in court. Contact an experienced sex crime attorney serving New York at Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.