You can be charged with criminal sexual act in the second degree if you are 18 years old or older, have oral or anal sex with an individual who is under the age of 15, and or if you have oral or anal sex with an individual that cannot consent due to incapacity or a mental disability. As a class D felony, criminal sexual act in the second degree carries serious jail time. If you are facing these types of allegations, the Spodek Law Group is your best option to find an attorney to defend your case.

Criminal Sexual Act of the Second Degree in NYC

When considering the allegations of criminal sexual act in the second degree, you need to understand how one can be charged with such a crime. Lack of consent is the main factor involved in these allegations in the following situations:

1. Mental Disability

Anyone that suffers from a mental disease or disability is not capable of consenting to oral or anal sex. If the individual is not capable of understanding the nature involved in the conduct, there will always be a lack of consent.

2. Mental Incapacity

Mental incapacity refers to an individual being incapacitated by an intoxicating substance without their knowledge or permission. Having oral or anal sex with an incapacitated individual will result in you being charged with these allegations.

3. Age of the Victim

If you have engaged in anal or oral sex with an individual under the age of 15 while you were 18 years old or older, you will be charged with criminal sexual act in the second degree.

Defenses for Criminal Sexual Act in the Second Degree Charges

Need to defend yourself against charges for criminal sexual act in the second degree? Contact the Spodek Law Group today to speak with an experienced lawyer that is ready to defend your case. The following defenses are the most common when it comes to defending against the criminal charges:

1. Defense Against Mental Disability

The defense against the victim's claim to mental disability can be used if there is no evidence or witness testimony that corroborates the victim's claim. Similarly, if you were not aware of the victim's mental disability, you may use this as a defense as well.

2. Defense Against a Lack of Consent

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A common defense against a lack of consent is if you and the victim are married. Likewise, you can defend yourself against a criminal charge if the victim is less than four years younger than you.

3. Lack of Intent

If your defense attorney from the Spodek Law Group can prove that you had no intention of committing a criminal sexual act, you may be able to escape the conviction. This defense only works if you were incapable of consenting yourself, i.e. in the event of intoxication.

4. Statute of Limitations

If the statute of limitations against this crime has passed, you may be able to avoid a conviction. Being charged with criminal sexual act in the second degree can have serious consequences that will change your life forever. Don’t wait, call the Spodek Law Group right now to make an appointment with an expert attorney.