Question 1

What does sexual assault mean?

Accepted Answer

Sexual assault is not an existing criminal charge in New York state. Rather, sexual assault is a blanket term that refers to a variety of sex crimes. In New York state, what separates a misdemeanor from a felony is essentially if the offender puts their hands underneath someone's underwear (as opposed to on top of their clothes), if the offender forces oral sex and/or if penetration occurs.

Question 2

What are some common sex charges?

Accepted Answer

Although sexual assault is not a formal charge in New York state, the main charges include: Rape, Sexual abuse, Forcible touching, Sexual misconduct, and Criminal sexual acts. What separates the charges is whether or not it involves oral sex, is below the pants, involves force and whether someone is underage.

Question 3

What is first-degree sexual assault in New York?

Accepted Answer

First-degree rape means forcible compulsion, meaning that you're having intercourse with someone by force, as opposed to a situation where someone is either underage and incapable of consent or not consenting, perhaps because they're intoxicated or otherwise somehow incapable of consent (which tends to be lower degree – second or third degree). The main difference is that it's forcible as opposed to incapacitation or other inability to consent.

Question 4

What determines if a sex crime is a felony or a misdemeanor?

Accepted Answer

Sex offenses considered to be the most serious are always charged as felonies. Some lesser offenses are usually considered misdemeanors. However, there are 'wobblers' that can be charged either way at the prosecutor's discretion, depending on the various factors involved. It is always important to get your defense attorney involved as early in the process as possible, but especially so when prosecutors have discretion, as there may be room to influence that decision.

Question 5

What are the levels of sex crimes in New York?

Accepted Answer

First, it is important to know the range of criminal charges generally. Misdemeanors can be unclassified, class B or class A, with A being the most severe. Felonies are divided into six categories, or classes. They include, in increasing severity, class E, class D, class C, class B, class A-II and class A-I. The lowest-level charge for a sex offense in New York is a Class B misdemeanor, an example being sexual abuse in the third degree (§ 130.55). This offense would include subjecting someone to sexual contact without their consent. The highest-level charge for a sex offense in New York is a Class A-II felony, an example being predatory sexual assault against a child (§ 130.96). In this scenario, the alleged offender would be over the age of 18 and the alleged victim would be under the age of 13.

Question 6

Is there mandatory prison time for my sex crime charge?

Accepted Answer

Not necessarily. It will depend on the nature of your offense, your prior criminal record and how your charges are resolved. For someone convicted of a violent felony offense, a sentence that involves incarceration is likely. For less-serious offenses, a person may be given probation instead of time behind bars. Your attorney may also be able to help you negotiate a favorable plea deal that keeps you out of jail or prison.

Question 7

How many years can I get for sexual assault in New York?

Accepted Answer

Varying degrees of sexual abuse or sex crimes range from B felonies to D felonies. B felonies have a minimum of five years and a maximum of 25 years. C felonies have a minimum of 3.5 years and a maximum of 15 years. D felonies have a minimum of two years and a maximum of seven years. With these jail sentences would come an automatic imposition of sex offender registration. This puts your name and information on the internet for anyone else to see. It has a horrible social stigma and makes it very difficult to get jobs or to live in certain places.

Question 8

Will I have to register as a sex offender in New York?

Accepted Answer

In nearly all cases, if you are convicted of a sex crime in New York, you will be required to register as a sex offender. Typically, you must register with the New York State Sex Offender Registry whether you were convicted in New York or have moved to New York after being convicted in another state. Time spent on the registry ranges from a minimum of 20 years to a maximum of life. Obviously, the best-case scenario is to avoid having to register by avoiding a conviction, if at all possible. Failing that, there are still options for damage control. Convicted sex offenders are classified as level one, two or three upon being released from custody or sentenced to probation. Level one offenders are considered unlikely to re-offend and present minimal danger to the community. Risk of recidivism and danger to the community increase with levels two and three. Your assigned level dictates how much information is publicly released. If you are classified as level one, you won't be listed in the publicly searchable database. Each year, you have the opportunity to petition to have your offender status adjusted, and it can be very helpful to consult an experienced attorney when seeking reclassification.

Question 9

What are sex offenders not allowed to do in New York?

Accepted Answer

Perhaps the biggest restriction is where an offender is barred from living while on parole or probation supervision. Such offenders are prohibited from living within 1,000 feet of a school or other facility that provides care to children. In Manhattan and other densely populated areas of New York, that restriction seriously limits a person's housing options, sometimes resulting in homelessness. Certain offenders are also barred from certain jobs that would provide access to children (such as a school bus driver or operator of an ice cream truck). Beyond that, many of the serious limitations convicted offenders face are socially enforced. Being a convicted sex offender can make it very difficult to find or keep employment of any kind, and you may not be approved for housing, even if you are not legally restricted. This is in addition to the shame, stigma, verbal abuse and other collateral consequences that accompany a sex offense conviction.

Question 10

Does the justice system treat sex crimes differently?

Accepted Answer

Sex crimes are completely unlike other criminal cases. These cases are handled differently than everything else. Special victims police officers are completely different from regular police officers. They are much more thorough and much more professional. The only kind of prosecutors who handle sex crime cases are prosecutors who have special training in sex crimes.

Question 11

What if someone falsely accused me?

Accepted Answer

Some sexual assault or sex crime reports are not true. Common reasons people make false sexual assault or sex crime reports include: Jealous or vengeful ex-partners, Unwanted pregnancies, Underage girls caught having consensual sex, Divorces and custody battles, Intoxication and regret over consensual sex, Family dynamics, and Money issues. Often, the reasons people make false sexual assault or sex crime reports become the defenses.

Question 12

What is the statute of limitations for sex crimes in New York state?

Accepted Answer

New York's statute of limitations is two years for a misdemeanor sex crime and five years for a felony sex crime. The charge of rape, however, does not have a statute of limitations.

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