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Sex offenses

Aside from murder, there are few criminal charges that carry as much of a social stigma as sex crimes. If you have been accused of, or formally charged with, rape, sexual contact, or a similar offense, you may find that your life is turned upside down before you even have a chance to defend yourself in court. Indeed, even if the case is dismissed or a jury finds you not guilty of sexual misconduct, the record of the allegation may still taint you in the eyes of many people.

As for the legal consequences, a sex crimes conviction will follow you long after you serve any prison sentence. That is why it is crucial that you seek legal advice from a qualified Long Island sex crimes lawyer. Karpf Criminal Law is a full-service New York criminal defense firm that offers the best legal representation in a wide range of sex crime cases. So if you are facing charges of rape, sexual abuse, or any other criminal sexual acts, it is best to contact a Long Island, New York sex crimes lawyer today to schedule an immediate consultation for a sex crime conviction.

How New York Defines Sex Crimes

A sex crime in New York is not one specific offense. Rather, the Penal Law defines a number of crimes under the heading of “sex offenses.” In broad terms, a sex offense involves some form of sexual activity or contact that takes place without the legal consent of the victim. Some common examples include:

  • Rape or Sexual Assault: Rape occurs when the defendant engages in sexual intercourse with the victim by forcible compulsion or with a person deemed legally incapable of giving consent, such as a child.
  • Criminal Sexual Act: A criminal sexual act is essentially engaging in oral or anal sexual conduct with a victim who does not, or cannot, give consent.
  • Forcible Touching: This occurs where the defendant intentionally, and without any legitimate purpose, forcibly touches the sexual or private parts of another person for the purpose of gratifying the defendant’s sexual desire or degrading or abusing the victim.
  • Sexual Abuse: This involves the defendant subjecting the victim to sexual contact either by forcible compulsion or the victim lacked the legal ability to consent.
  • Aggravated Sexual Abuse: The main difference between sexual abuse and aggravated sexual abuse is that the latter requires inserting some sort of foreign object into the victim’s sexual or private parts.
  • Course of Sexual Conduct Against a Child: This is where a defendant commits multiple acts of sexual conduct with a child over a period of at least three months.
  • Sexually Motivated Felonies: A person commits a distinct offense under the Penal Law if they commit another violent felony, such as assault or kidnapping, when the motive is, at least in part, their own direct sexual gratification.

Sex crimes in New York range from Class A felonies to misdemeanors. Even within a particular type of sex crime allegations, there are often different degrees. For example, a person could be charged with rape in the first, second, or third degrees. This means that it is often possible for a defendant to plead guilty to a lesser charge and receive a more lenient sentence than if they went to trial on the higher charge and are found guilty by a jury.

Frequently Asked Questions About Long Island Sex Crimes

Can I argue the accuser’s consent as a defense to a sex crimes charge?

A person’s consent is a necessary element of any New York sex crimes charge. So in most cases, you can present evidence showing the defendant consented to the sexual conduct at issue. That said, the law declares some persons incapable of giving consent. This includes a person who is under the age of 17, or a person of any age who has been found mentally disabled, mentally incapacitated, or physically helpless. Additionally, a person who is already in the custody of the New York Department of Corrections cannot legally consent to any sexual activity with an employee of the Department.

Do I have to register as a sex offender if I am convicted of a sex crime in New York?

Anyone convicted of a sex offense is considered a sex offender under New York law. This includes offenders who were only sentenced to a term of probation without any jail time. All sex offenders must register with New York State’s Sex Offender Registry. The sentencing court will classify a sex offender as either a “low,” “moderate,” or “high” of re-offending in the future. This classification affects how long a person must remain on the registry.

Contact Karpf Criminal Law Today for a Sex Crime

A sex crimes conviction, and sexual assault charges, can lead to years–sometimes decades–in state prison and a potential lifetime on the New York Sex Offender Registry, and become a registered sex offender. It is therefore in your best interest to work with the best Long Island sex crimes lawyer available to defend you in court. Call a Long Island sex crime lawyer at Karpf Criminal Law today at (516) 650-5875 to schedule a consultation.