Date Rape, Molestation & Sexual Abuse Charges in Brooklyn

Understanding Date Rape, Molestation, and Sexual Abuse Charges in Brooklyn

Being charged with a sex crime like date rape, molestation, or sexual abuse can be terrifying and confusing. These types of allegations can carry severe penalties under New York law, including years in prison. Even if the charges are eventually dropped or you are found not guilty, simply being accused can negatively impact your reputation, relationships, education, and career.

It’s critical to take any criminal allegations seriously and retain experienced legal counsel right away. An attorney can advise and defend you through the investigative and judicial process to give you the best chance at a favorable outcome.

This article provides an overview of common sex crime charges in Brooklyn, potential penalties, and defense strategies that skilled NYC sex crimes lawyers utilize. It also covers what to do if you or a loved one are under investigation or facing prosecution.

Understanding Date Rape Charges

“Date rape” typically refers to non-consensual sexual intercourse between two people who know each other socially. This could be someone you just met, a casual acquaintance, friend, significant other, or former partner.

Common date rape charges in Brooklyn include:

• Rape in the First Degree: Forcible sexual intercourse under threat of violence or with someone incapable of consent due to intoxication, unconsciousness, or mental incapacity. This is a Class B felony punishable by 5-25 years in prison.
• Rape in the Second Degree: Sexual intercourse with someone under 15 years old or under threat of harm. This is a Class D felony with possible penalties of up to 7 years imprisonment.
• Rape in the Third Degree: Non-consensual intercourse with someone under 17 years old or mentally/physically incapable of consent. This is also a Class D felony.
• Criminal Sexual Act in the First Degree: Oral or anal sexual contact through force or with someone unable to consent. This is a Class B felony.

In New York, lack of consent can be very nuanced. Common date rape defenses argue the accuser consented to some or all sexual contact. However, any sexual activity under the legal age of consent or with someone too impaired to agree is still considered rape.

Understanding Molestation and Sexual Abuse Charges

Molestation refers to unwanted sexual touching or fondling without intercourse. Sexual abuse allegations can encompass molestation as well as other non-contact sex crimes like flashing, voyeurism, child pornography possession, and more.

Common molestation and sexual abuse charges in Brooklyn include:

• Sexual Abuse in the First Degree: Subjecting someone to sexual contact by forcible compulsion or with a child under age 11. This is a Class D felony.
• Sexual Abuse in the Second Degree: Sexual contact with someone under age 14 or physically helpless. This can be charged as either a misdemeanor or Class D felony depending on the circumstances.
• Sexual Abuse in the Third Degree: Non-consensual sexual contact other than rape, criminal sexual act, or sexual abuse in the first or second degree. For incidents involving minors, this applies to victims between ages 14-16. It can be a misdemeanor or Class B misdemeanor.
• Forcible Touching: Intentionally forcibly touching intimate parts of another person over or under their clothing for sexual gratification. This is a Class A misdemeanor.
• Sexual Misconduct: Engaging in sexual intercourse, oral/anal sexual conduct or sexual contact with someone without their consent. This applies when lack of consent does not rise to the level of forcible compulsion. Sexual misconduct is a Class A misdemeanor.
• Endangering the Welfare of a Child: Knowingly acting in a way likely to harm the physical, mental, or moral welfare of a child under age 17. This includes acts like child molestation and showing pornography. Endangering the welfare of a child is a Class A misdemeanor.

The distinction between a misdemeanor and felony charge depends on the specific circumstances of the case including the victim’s age, whether threats/force were used, the nature of the sexual contact, and more.

Penalties for Brooklyn Sex Crimes

The penalties for rape, molestation, and other sex offenses depend on whether the charge is a misdemeanor or felony. They can include:

• Up to 25 years in state prison for Class B felonies
• Up to 7 years in state prison for Class D felonies
• Up to 1 year in jail for Class A misdemeanors
• Up to 3 months in jail for Class B misdemeanors

Additional possible penalties include probation or parole supervision, sex offender registration, restitution payments to the victim, mandatory counseling, protective orders, and other court-ordered conditions. Immigrants charged with sex crimes also risk detention and deportation.

In some cases, prosecutors will offer a plea bargain to reduce charges and penalties in exchange for a guilty plea. An experienced attorney can advise if this an appropriate resolution based on the evidence and potential sentencing exposure.

Common Defenses Against Sex Crime Allegations

Skilled NYC sex crimes attorneys thoroughly investigate claims and utilize every viable defense to get charges reduced or dismissed. Common trial strategies in date rape, molestation, and sexual abuse cases include:

• Consent: One of the most common defenses argues the accuser consented to the sexual contact. While consent can be tricky in acquaintance rape cases, evidence like texts, emails, witnesses seeing the alleged victim initiate intimacy or act affectionately can be persuasive.
• Mistaken identity: Eyewitness misidentification is a leading cause of wrongful convictions. Your attorney can argue the accuser identified the wrong person or has credibility issues making their testimony unreliable.
• False accusations: Unfortunately, some accusers fabricate sexual assault allegations out of anger, jealousy, regret or mental illness. Your lawyer can demonstrate motive to lie and attack the credibility of made-up claims.
• Intoxication: When substance use is involved, arguing the accuser experienced memory loss or confusion about what occurred can create reasonable doubt about their version of events.

An attorney can also file motions to get evidence or statements suppressed or thrown out if there were procedural problems with the investigation or arrest.

What to Do If You Are Under Investigation or Charged

If questioned by police about an alleged sex crime, immediately invoke your right to remain silent until your attorney is present. Never speak to detectives without counsel. What you say can and will be used against you otherwise.

Retain an attorney as soon as possible after charges are filed. An experienced sex crimes lawyer can build the strongest defense, advise you throughout the process, negotiate with prosecutors, and defend you in court.

Resist the temptation to discuss your case with anyone other than your lawyer. Prosecutors can subpoena emails, texts, social media posts and conversations recorded without your knowledge. Avoid saying or writing anything about the allegations before speaking to counsel.

Be cautious about taking any plea deal without fully understanding the evidence, potential defenses, and risks of going to trial. Make informed decisions after in-depth case review and consultation with your attorney.

Finding the Best Sex Crimes Defense Attorney in Brooklyn

The lawyer you choose can heavily influence the outcome of a sex crimes case. Look for an attorney with extensive experience specifically defending rape, molestation, sexual abuse and other sex offense allegations. Avoid dabblers without sufficient background handling these complex cases.

Ask any lawyer you consider:

• How many sex crime jury trials have you taken to verdict?
• What is your track record of getting serious charges dismissed pre-trial?
• Are you willing to take my case to trial if necessary?
• Can you provide case results of past sex crime defenses?

Ideally, you want a seasoned NYC sex crimes attorney with a proven ability to win at trial. The top criminal defense firm in Brooklyn for rape and sexual assault cases is The Potash Law Firm.

Senior Partners Michael Potash, Yvonne Shivers, and Casey Welch have over 60 years of combined experience obtaining dismissals and not guilty verdicts for the falsely accused. They offer free case evaluations and regularly take high-stakes matters to trial when lesser firms would advise pleading out.

Conclusion

Facing sex crime charges can be extremely frightening. However, an arrest or accusation does not necessarily mean you will be convicted. Seasoned criminal defense attorneys can often get unfounded cases thrown out early or win at trial.

Never go through a date rape, molestation or sexual abuse investigation alone. The best way to protect your future is by immediately retaining an experienced sex crimes lawyer you trust. Top Brooklyn defense firm The Potash Law Firm helps the wrongly accused fight back and beat life-altering allegations. Contact them 24/7 for dedicated legal guidance and counsel.

Resources

New York Penal Law § 130.35 – Rape in the first degree
https://www.nysenate.gov/legislation/laws/PEN/130.35

New York Penal Law § 130.30 – Rape in the second degree
https://www.nysenate.gov/legislation/laws/PEN/130.30

New York Penal Law § 130.25 – Rape in the third degree
https://www.nysenate.gov/legislation/laws/PEN/130.25

New York Penal Law § 130.50 – Criminal sexual act in the first degree
https://www.nysenate.gov/legislation/laws/PEN/130.50

New York Penal Law § 130.65 – Sexual abuse in the first degree
https://www.nysenate.gov/legislation/laws/PEN/130.65

New York Penal Law § 130.60 – Sexual abuse in the second degree
https://www.nysenate.gov/legislation/laws/PEN/130.60

New York Penal Law § 130.55 – Sexual abuse in the third degree
https://www.nysenate.gov/legislation/laws/PEN/130.55

New York Penal Law § 130.52 – Forcible touching
https://www.nysenate.gov/legislation/laws/PEN/130.52