Rape

Accused of Rape in NYC

Rape is a vicious crime. It is a type of sexual assault involving sexual intercourse without consent. The act may be carried out by physical force, coercion, abuse of authority or against a person who is incapable of valid consent.

A person is deemed incapable of consent when he or she is:

  • Less than seventeen years old,
  • Mentally disabled,
  • Mentally incapacitated,
  • Physically helpless,
  • Committed to the care and custody or supervision of the State Department of Corrections and community supervision or a hospital.

Types of Rape

  • Statutory Rape is sexual activity in which at least one person is below the age required to legally consent. It usually refers to adults engaging in sex with minors. It may be applicable in cases where the victim is mentally impaired.
  • Marital rape is non-consensual sex in which the offender is the victim’s spouse.
  • Date rape is where the accused and the victim know each other.
  • Gang rape occurs when a group of people participate in the rape of a single victim.
  • Rape by deception occurs when the perpetrator gains the victim’s consent through
  • Custodial rape is done by a person employed by the state in a supervisory or custodial position, such as a police officer or hospital employee.

Rape Penalties and Sentences in New York

  • First Degree: Class B felony, punishable by up to 25 years in prison.
  • Second Degree: Class D felony, punishable by up to 7 years in prison.
  • Third Degree: Class F felony, punishable by up to 4 years in prison.
  • The court may also impose a fine of up to $5,000 for a felony.

Sex Crime Defense Attorney in New York City

If you need a New York sex crime attorney, then Attorney Paul D. Petrus Jr. can help. Contact The Law Office of Paul D. Petrus Jr., we will provide an aggressive defense. We also serve in Manhattan and Queens in NY. Call us today at 212-564-2440.

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