Bronx Sexual Misconduct Lawyer
Sexual offenses are highly stigmatized. However, not every sexual offense involves the use of force or is even a felony. One example of a non-felony sexual offense is sexual misconduct. This is a catch-all statute that covers all instances of allegedly unwelcome sexual penetration that do not fit under the state’s rape laws. While these allegations are not as serious as those for rape, people charged under these statutes still must take caution to protect themselves.
A Bronx sexual misconduct lawyer can help you fight these allegations. By fighting back against the idea that any sexual conduct that occurred was non-consensual or even that sexual contact happened in the first place, a skilled defense attorney can help you protect your rights and your freedom.
Laws Prohibiting Sexual Misconduct
The state’s penal laws provide an exact definition of sexual misconduct. The statute provides three definitions of sexual misconduct:
- Engaging in sexual intercourse with another person without their consent
- Engaging in oral or anal sexual conduct without the other person’s consent
- Engaging in sexual conduct with an animal or dead human body
These definitions are not dissimilar to the state laws that prohibit rape. The main difference is that a rape allegation requires a prosecutor to prove that a defendant engaged in sexual conduct when the alleged victim was unable to consent. This could be through the use of force, drugs, or mental incapacity.
As a result, a sexual misconduct charge could indicate the weakness of a prosecutor’s case. Proving a lack of consent could be difficult without evidence of the use of force or other restraint. Even so, according to New York Penal Law §130.20, this is a class A misdemeanor that carries a maximum jail term of one year. This makes it important to take these allegations seriously.
The Idea of Consent in The Bronx
A major portion of any sexual misconduct case is that a prosecutor must prove that a defendant did not have the consent of the alleged victim. The concept of consent in sexual relationships is highly important.
If there is documentation establishing consent, it could provide powerful evidence to combat prosecutors’ allegations. For example, if a defense attorney can discover text messages that appear to consent to sexual contact, these could prove powerful in a defense at trial.
Still, in other cases, an alleged victim cannot consent under any circumstances. For example, under New York Penal Law §130.05 a person under the age of 17 can never consent to sex with a partner over the age of 21. However, these instances will likely give rise to allegations of rape. A Bronx sexual misconduct lawyer could help a person make the argument that any sexual contact was done after obtaining consent from the other party.
Learn More from a Bronx Sexual Misconduct Attorney
Sexual misconduct is just one example of The Bronx’s sex offenses. While not as serious as felony sex crime accusations such as rape, a conviction for sexual misconduct could still bring serious consequences.
Therefore, it is vital to work swiftly to protect your rights. A Bronx sexual misconduct lawyer could provide valuable protection. Contact a lawyer today to discover more about how to protect your rights and reputation.