Rape Laws in Brooklyn, New York
In New York, rape is defined as non-consensual sexual intercourse with a victim by use of duress, such as drugs or threats, or physical force. There are three degrees of rape charges in New York as stated in Section 130 of the New York Penal Code.
Rape in the Third Degree
An individual will be convicted of rape in the third degree when he or she has sexual intercourse with an individual who is not capable of consent. When the accused is 21 years of age or older, and the victim is under the age of 17, the accused will be charged with rape in the third degree.
Rape in the Second Degree
When the accused is over the age of 18 and engaged in sexual intercourse with an individual under the age of 15, he or she will be charged with rape in the second degree. An individual may also be charged with rape in the second degree when he or she engaged in sexual intercourse with an individual who is not capable of consent because they are mentally incapacitated or mentally disabled.
Rape in the First Degree
An individual will be charged with rape in the first degree when he or she engaged in sexual intercourse with an individual by physical force, threat of death or physical injury, or kidnapping. When an individual engaged in sexual intercourse with an individual who is incapable of consent by being physical helpless or is less than 11 years old, he or she will be charged with rape in the first degree. If the accused is older than the age of 18 and engaged in sexual intercourse with an individual under the age of 13, he or she will be charged with rape in the first degree.
What are the Penalties if Convicted of a Rape Charge in Brooklyn?
The penalties for a rape conviction in New York are severe. If convicted of third degree rape, the defendant will face a Class E felony. The penalties for a Class E felony conviction are up to four years in prison and a fine up to $5,000.
A rape in the second degree conviction is a Class D felony. If convicted of a Class D felony, there is a maximum sentence of seven years in prison and a $5,000 fine.
When an individual is charged with rape in the first degree, he or she will face a Class B felony. The penalties for a Class B felony mandates a sentence of five to 25 years in prison and a $5,000 fine.
Furthermore, those who are convicted of rape in Brooklyn will be required to register as a sex offender. This could hinder an individual’s ability to find employment, and those convicted of a rape charge may not be able to purchase or rent residential property within a certain distance of schools.
Possible Defenses to a Rape Charge
It is the responsibility of the prosecuting attorney to prove beyond a reasonable doubt that an individual has committed rape for a conviction. Although it will depend of the circumstances that surround each defendant’s case, there are several defenses that could be used to fight a rape charge. The accused may not have been aware that the victim had a mental disability that made him or her incapable of consent. There are also instances when mistaken identity can be used as a defense against a rape charge.
How a Criminal Defense Attorney can Help
If you have been arrested for rape in Brooklyn, it is important that you remain silent until you have legal representation. Law enforcement officials can use what you say against you during trial. A criminal defense attorney can advise you of your legal rights as a defendant.
If you or someone that you know is facing a rape charge, contact our law office for a consultation. We have more than 100 years of combined experience and are prepared to help protect your rights.