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NYC Aggravated Sexual Abuse in the Second Degree Lawyers

In New York, Aggravated Sexual Abuse in the Second Degree is distinguished from rape. Rape involves sexual intercourse. Aggravated Sexual Abuse in the Second Degree does not.

Aggravated Sexual Abuse in the Second Degree requires the insertion of a finger into the vagina, urethra, penis, rectum or anus of another individual without consent. This is contrasted with Aggravated Sexual Abuse in the First which involves the insertion of a foreign object such as a bottle, stick or pencil into one of these orifices without consent.

Lack of Consent

Lack of consent is an element of the crime of Aggravated Sexual Abuse in the Second Degree. In the state of New York, lack of consent can be demonstrated in one of three ways.

The first way in which lack of consent is demonstrated in a Aggravated Sexual Abuse in the Second Degree case is by force. Force can by physical as well as the threat of physical force. In addition, force exists if a threat is made to kidnap the victim or to kidnap a person connected with the victim, like a friend or family member.

The second way to demonstrate lack of consent is if the victim is helpless and unable to consent. This is the case even when the perpetrated is responsible for causing the victim to be in a helpless state. For example, if the victim passed out from consuming too much alcohol, that individual is classified as helpless and incapable of consenting to a sex act.

Finally, age is a way of demonstrating lack of consent. In New York, if a person is less than 11 years of age, that individual cannot consent in any way to this type of sexual contact.

Prosecution for Aggravated Sexual Abuse in the Second Degree

Aggravated Sexual Abuse in the Second Degree is a class C felony, which means it is a serious crime. The case commences with the arrest of a person charged with Aggravated Sexual Abuse in the Second Degree.

After arrest, a judge will set bond and schedule the case for further proceedings. Many cases are resolved with a plea. However, if valid defenses to the charge exist, the case is set for a trial.

If convicted of this crime, a person faces a minimum sentence of 3.5 years in prison. The maximum sentence for Aggravated Sexual Abuse in the Second Degree is 15 years.

Defenses for Aggravated Sexual Abuse in the Second Degree

There are defenses to a charge of Aggravated Sexual Abuse in the Second Degree. One defense is that the so-called victim in fact consented to the act. In addition, if the charge stemmed from this act being perpetrated on a child under the age of 11, a defense to this crime would be the person being over 11 years of age. A person may still be guilty of a crime, but not this one.

Another defense would be that the insertion occurred for a bona fide medical reason. The statute of limitations may also be a defense. A case involving Aggravated Sexual Abuse in the Second Degree must be filed within five years of the alleged act or prosecution is barred.

Retain a Skilled NYC Aggravated Sexual Abuse in the Second Degree Lawyer

If you’ve been charged with Aggravated Sexual Abuse in the Second Degree, you should schedule an initial consultation with the Spodek Law Group. An experienced, tenacious Aggravated Sexual Abuse in the Second Degree lawyer from the firm will provide an overview of you case, including possible defenses. Legal counsel will also answer any questions you might have. There is no charge for an initial consultation with the Spodek Law Group.

by Leonard on Spodek Law Group
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