Bronx Rape Lawyer
In the Bronx, violent sex crimes, such as rape, have been on the rise for the past several years. A 2013 study found that seven out of the 12 Bronx police precincts saw a significant spike in violent rapes and misdemeanor sex crimes. This hike in instances comes even as the general crime rate has dropped.
What us Rape Under the Law?
Essentially, every state in the country shares a similar definition for rape. That is sexual intercourse forced upon another individual through either an implied threat or through an act of violence. The administering of drugs is considered a form of coercion for the purposes of rape in many jurisdictions.
In New York, including the Bronx, rape is further classified into three categories, or degrees of severity. It should be noted that rape laws under the New York Penal Code define rape as requiring sexual intercourse, where other states might define rape as any forced sexual activity.
Third degree rape is the official charge for the section of the law that deals with statutory rape. It states that a rape occurs when one individual is under 17 years old and the other individual is over the age of 21. In this instance, the minor under 17 is not capable of giving consent. Similarly, a third degree rape has been committed, when an individual isn’t capable of giving consent for another reason. A third degree rape also accounts for sexual intercourse that takes place in which an individual has not given consent for a reason other than an inability to consent.
Second degree rape is similar in that it also deals with issues of statutory rape, except that it differentiates by age. For a second degree charge, the victim or minor must be below the age of 15, while the defendant is 18 or older. Furthermore, a charge of second degree rape can be instituted where the victim cannot give consent due to mental illness or mental deficiency. If the individual is in any way considered mentally incapacitated, the law presumes this person is incapable of giving consent, regardless of the person’s age.
Finally, there’s first degree rape, which is the most serious category under the general crime of rape. There are several elements that can constitute a charge of first degree rape. The use of “forcible compulsion” is a primary consideration in determining this charge. By “forcible compulsion,” the aggressor must compel sexual intercourse through the use of violence or through the threat of violence. This means the threat of physical violence and the use of force, as well as the threat of immediate death or through kidnapping.
Additionally, it’s considered first degree rape in any situation in which the victim is physically unable to resist sexual assault and, therefore, is incapable of consenting to sex. This includes victims who are younger than 11 years old or victims who are younger than 13 and the defendant is 18 years old or older.
Penalties For Rape in the Bronx
Third degree rape, the lowest of the charges, is considered a class E felony. As such, punishment upon conviction can consist of up to four years in prison and/or a fine of up to $5,000.
Second degree rape is a class D felony and carries a considerably harsher set of punishments. Defendants convicted of this type of rape can expect a prison term of between one and seven years. Again, they may also be subjected to a fine of up to $5,000.
As a class B felony, first degree rape carries a very stiff set of penalties. Imprisonment upon conviction may be a term of five years up to 25 years. The $5,000 fine still applies to defendants in first degree rape convictions.
Any charge of rape is a serious offense in the Bronx. If you are facing a rape charge, your best move is to contact a defense lawyer as soon as possible. As is the case with any criminal charge, only an experienced attorney can help you receive a fair judgment.
May 17, 2018
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