Being accused of rape is extraordinarily serious, and a conviction can change your life forever. The maximum prison sentence for rape in the state of New York is 25 years, and it is classified as a violent felony offense.
Aside from losing years of your life to prison, the damage to your reputation is perhaps worse in a rape conviction than in any other crime. Rape charges or convictions on your record will make it extremely difficult to get jobs, be admitted into schools, make friends, or be a public figure. Your name could be placed permanently on a public registry of sex offenders.
If you’ve been accused of rape in New York, don’t wait to receive the maximum punishment that will destroy your life. Instead, get in touch with Darren DeUrso, attorney at law, today. Darren has been protecting the rights of those accused of crimes in New York for over three decades, and he is ready to do the same for you.
What are the laws regarding rape and sexual assault?
Generally speaking, sex crimes are broken up into a few different categories. They are:
- First-degree felonies: These are the most serious types of crimes like rape, sodomy, and predatory sexual assault. If the victim is underage, the chances of being hit with a first-degree sex offense go up by a lot.
- Second-degree felonies: Soliciting an underage prostitute, or having intercourse with someone who is incapable of giving consent are considered second-degree sex offenses.
- Third-degree felonies: These can include forcible touching or groping, unsolicited pornographic messages or images, or sexual threats.
- Misdemeanors: Misdemeanor sexual offenses can also be less aggressive forms of forcible touching, groping, or lewd comments.
What constitutes rape?
The FBI defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
The key word here is consent. Consent can be violated in a number of ways, including:
- If the person is mentally disabled
- If the person is underage
- If the person is incapacitated due to drugs, alcohol, or is unconscious for any reason.
- If the person is elderly and not able to comprehend the situation or refuse.
- If the person flat-out refuses the advances
If the incident happened in the workplace, then the plaintiff might cite sexual harassment laws like Title VII of the Civil Rights Act of 1964, or violations of New York’s Labor Laws.
Do you need help defending yourself against a sex crime accusation?
Don’t risk using a public defender in your court case. These attorneys are vastly overworked and don’t have the time to build quality cases for you. Get in touch with Darren DeUrso, Attorney at Law today.
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601
Phone: (914) 772-8614