Sexual Assault

Perhaps no criminal conviction carries more social stigma than a sexual assault.  If you are convicted of a sex crime, in addition to a potentially lengthy jail sentence, you will be required to register as a sexual offender after a SORA (Sex Offender Registration Act) hearing.  The government is armed with sex crime investigation units, dedicated prosecution units and victim advocates.  If you are accused of a sexual assault in New York, you must arm yourself with a legal team experienced in sexual assault prosecutions. The quality of your legal representation may determine whether you can put this ordeal behind you or whether your future will be one of prison time and decades of shame and ostracization.

Sex Offenses and Sexual Assault

The primary aspect of the many distinct crimes that fall under the category of New York sex offenses is the issues of consent. This may include unwanted sexual contact with an individual who has explicitly or implicitly denied consent or someone who is legally incapable of giving consent, such as a person less than seventeen years old, someone who is mentally disabled or mentally incapacitated, or a person who is physically helpless.

There are over 20 separate offenses under New York law that involve non-consensual sexual contact, all of which are prosecuted vigorously and all of which can lead to extended time behind bars, among other harsh consequences. These crimes include:

• Rape (non-consensual sexual intercourse)
• Criminal sexual acts (non-consensual oral or anal sexual conduct)
• Forcible touching (forcibly touching the sexual or other intimate parts of another person)
• Sexual abuse (subjecting another person to sexual contact without consent)
• Aggravated sexual abuse (forcibly inserting a foreign object or finger in a person’s genitals)
• Facilitating a sex offense with a controlled substance (for example, using a drug to help commit a sex offense)

Predatory Sexual Assault

All of the foregoing sex offenses may be generally referred to as forms of sexual assault, but only one New York crime is actually called by that name. A person may be charged and convicted of the crime of predatory sexual assault if the perpetrator commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and the perpetrator:

• causes serious physical injury to the victim of such crime; or
• uses or threatens the immediate use of a dangerous instrument; or
• the perpetrator engaged in any of the foregoing crimes against one or more additional persons or has been previously convicted of a felony sex offense.

As a class A-II felony, a predatory sexual assault conviction can result in a sentence of life in prison.

As noted, a sex offense or sexual assault conviction in New York will not only deprive you of your freedom for months, years, or decades, it can also shackle you with the label of a registered sex offender. This can restrict where you can live, limit your job opportunities, and make it publicly known that you have been convicted of a New York sex crime.

The attorneys at Epstein & Conroy have extensive experience defending people accused of sexual assault and are experienced representing individuals at SORA hearings (Sex Offender Registration Act). We understand what’s at stake when you face sexual assault charges, and we will vigilantly protect your rights at every turn. If you are being prosecuted for sexual assault, or any other New York sex offense, please call (718) 852-6763 to speak with one of our experienced criminal defense attorneys now.