New York City Sexual Abuse in the First Degree
A person commits Sexual Abuse in the First Degree (NYPL § 130.65) when he or she subjects another individual to sexual contact, made for the purpose of the actor’s sexual gratification, and the contact is either achieved through forcible compulsion, or while the alleged victim is in a physically helpless state.
Whether or not sexual gratification is the goal of the actor can be inferred from the circumstances of the defendant’s behavior, but there must be some justification for the prosecutor’s claim. In some cases, the act itself can satisfy the requirement if the contact is clearly sexual in nature. But in many sexual abuse cases there is a legitimate question about the motivation behind the contact and a valid defense can be raised that the prosecutor has failed to prove a desire for sexual gratification. If the contact was incidental, or innocuous, or if the circumstances show no evidence that sexual gratification was the goal, then no crime has been committed. If you have been charged with 1st degree sexual abuse in New York City, speak with a sex crimes attorney.
What is Forcible Compulsion?
The most common scenario in which first-degree sexual abuse charges occur is when the actor subjected the complainant to sexual contact through forcible compulsion. Forcible compulsion does not require that the alleged victim be injured in any way, but it does require that the actor use either physical force or the threat of force in order to accomplish the contact. Pushing a person up against a wall, holding them down, or a threat of physical injury or death will satisfy the requirements. However, If the accused can show that no threats or force were used against the other individual in the course of the incident, then they cannot be convicted of 1st-degree sexual abuse in New York City under this theory.
Physically Helpless Victim
The other way that an individual could face sexual abuse charges is if they initiate sexual contact with another person who is physically helpless at the time the contact is made. In New York, physically helpless means in an unconscious state or unable to communicate, individuals have been considered physically helpless when they were asleep, extremely intoxicated, in a comatose state, or under anesthesia or sleep-inducing medication.
It should be noted that whether the contact was allegedly made through forcible compulsion, or while the complainant is physically helpless, this crime does not require any proof that either party took off any of the alleged victim’s clothing. For the purposes of this statute, the fact that any contact was made over the individual’s clothing is not a viable defense.
Charges for Sexual Abuse in the First Degree is a class D felony, punishable by up to seven years in prison. In addition to the potential for significant jail time, and a felony record, a conviction of this crime will lead to registration as a sex offender, which will dramatically impact every aspect of a person’s life: work, school, even where you can and cannot live.
What Qualifies as Sexual Contact?
For someone to be found guilty of sexual abuse in the first degree, the prosecution must show that the reporting witness was subjected to “sexual contact.” New York law defines this term as touching the intimate parts of another person for the purpose of sexual gratification.
The statute does not define intimate parts, but the courts have taken a broad view of what this includes. What’s more, a conviction does not depend on which party does the touching. A person that forces someone else to touch them faces the same consequences as if they had touched another individual without their consent. This is true regardless of whether it occurs over the clothes or not.
What is Sexual Gratification?
Another key element of this crime is that the contact must have occurred with the purpose of sexual gratification. New York law does not define this term, but the courts will often presume that any touching of an intimate part of the body is for sexual purposes. This is especially true when it involves contact with child who is not related to the accused. Judges will typically consider the explanation for the contact, but without a valid excuse, the courts will often presume it was for sexual gratification.
Age is a Factor in First-Degree Sexual Abuse Charges
Although the state often proves a lack of consent based on physical helplessness or the use of force, prosecutors can also make their case based on the age of the parties. This is because at a certain age, an individual lacks the legal capacity to consent to sexual conduct.
Any sexual activity with a person young than 11 is treated as sexual abuse in the first degree, as someone that young does not have the capacity to consent. This is true regardless of the age of the accused. This offense also applies to situations where the alleged victim is younger than 12 and the accused is at least 21 years old.
Potential Defense Options for First-Degree Sexual Abuse
There are different ways to mount a defense against these allegations. Because the prosecution has different ways to approach each case, there is not a one-size-fits-all strategy that will always work. The good news is that a criminal defense attorney can review the allegations and identify the strongest approach.
In some cases, the best option might be to argue there was actual consent. This is a viable option when there are accusations of force, but it will not be successful when the charges are based on the age of the alleged victim.
Another common strategy is to challenge the strength of the prosecution’s case. The government has to prove guilt beyond a reasonable doubt, and they are not always able to meet this burden. There are times when the strongest strategy is to highlight the lack of evidence.
This crime also has a statute of limitations. The prosecutors must generally bring these charges within five years of the date it allegedly occurred, or else there will be a permanent bar on ever pursuing these charges again. However, the statute of limitations is extended in cases involving juvenile victims It is a good idea to speak with an NYC lawyer to get a clear picture of when the deadline is to prosecute a first-degree sexual abuse charge.
Speak with a New York City First-Degree Sexual Abuse Attorney
The experienced attorneys at the Law Offices of Jeffrey Lichtman have handled countless sex crimes cases of all types, and understand how to establish the strongest possible defense to these charges. We will investigate every aspect of the incident and the complainant to expose every possible bias or motivation to lie. In sex crimes prosecutions, the credibility of the complainant is the key to the prosecutor’s case, and if the prosecutor is shown that putting this individual on the stand will result in embarrassment for their office, they will be much more inclined to resolve the case in a favorable way to the accused.
If you, or someone you know, is facing 1st-degree sex abuse charges, or any other sexually based criminal offense, you need to contact a top New York Sex Crimes attorney immediately. Call the Law Offices of Jeffrey Lichtman today at (212) 581-1001 for a free case evaluation.