In New York, Aggravated Sexual Abuse in the Second Degree is distinguished from rape. Rape involves sexual intercourse. Aggravated Sexual Abuse in the Second Degree does not.
Aggravated Sexual Abuse in the Second Degree requires the insertion of a finger into the vagina, urethra, penis, rectum or anus of another individual without consent. This is contrasted with Aggravated Sexual Abuse in the First which involves the insertion of a foreign object such as a bottle, stick or pencil into one of these orifices without consent.
Lack of Consent
Lack of consent is an element of the crime of Aggravated Sexual Abuse in the Second Degree. In the state of New York, lack of consent can be demonstrated in one of three ways.
The first way in which lack of consent is demonstrated in a Aggravated Sexual Abuse in the Second Degree case is by force. Force can by physical as well as the threat of physical force. In addition, force exists if a threat is made to kidnap the victim or to kidnap a person connected with the victim, like a friend or family member.
The second way to demonstrate lack of consent is if the victim is helpless and unable to consent. This is the case even when the perpetrated is responsible for causing the victim to be in a helpless state. For example, if the victim passed out from consuming too much alcohol, that individual is classified as helpless and incapable of consenting to a sex act.
Finally, age is a way of demonstrating lack of consent. In New York, if a person is less than 11 years of age, that individual cannot consent in any way to this type of sexual contact.
Prosecution for Aggravated Sexual Abuse in the Second Degree
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(212) 300-5196Aggravated Sexual Abuse in the Second Degree is a class C felony, which means it is a serious crime. The case commences with the arrest of a person charged with Aggravated Sexual Abuse in the Second Degree.
After arrest, a judge will set bond and schedule the case for further proceedings. Many cases are resolved with a plea. However, if valid defenses to the charge exist, the case is set for a trial.
If convicted of this crime, a person faces a minimum sentence of 3.5 years in prison. The maximum sentence for Aggravated Sexual Abuse in the Second Degree is 15 years.
Defenses for Aggravated Sexual Abuse in the Second Degree
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There are defenses to a charge of Aggravated Sexual Abuse in the Second Degree. One defense is that the so-called victim in fact consented to the act. In addition, if the charge stemmed from this act being perpetrated on a child under the age of 11, a defense to this crime would be the person being over 11 years of age. A person may still be guilty of a crime, but not this one.
Another defense would be that the insertion occurred for a bona fide medical reason. The statute of limitations may also be a defense. A case involving Aggravated Sexual Abuse in the Second Degree must be filed within five years of the alleged act or prosecution is barred.
A man was arrested after his ex-girlfriend accused him of forcibly inserting his finger into her without consent during an argument at her apartment. He insists the encounter was consensual, but detectives charged him with Aggravated Sexual Abuse in the Second Degree under New York Penal Law § 130.67.
What exactly does the prosecution need to prove for an Aggravated Sexual Abuse in the Second Degree conviction, and what kind of sentence am I facing?
Under New York Penal Law § 130.67, the prosecution must prove that you inserted a finger into the vagina, urethra, penis, rectum, or anus of another person by forcible compulsion or when the victim was incapable of consent. This is a Class C violent felony carrying a minimum sentence of 3.5 years and a maximum of 15 years in state prison, along with mandatory sex offender registration under SORA. Consent is a critical defense in these cases, and we would thoroughly investigate the circumstances, examine all physical evidence and communications between you and the complainant, and challenge the credibility of the allegations. Early intervention by an experienced defense attorney can make a significant difference, particularly in negotiating charges or building a trial strategy before the case goes to a grand jury.
This is general information only. Contact us for advice specific to your situation.
Retain a Skilled NYC Aggravated Sexual Abuse in the Second Degree Lawyer
If you’ve been charged with Aggravated Sexual Abuse in the Second Degree, you should schedule an initial consultation with the Federal Lawyers. An experienced, tenacious Aggravated Sexual Abuse in the Second Degree lawyer from the firm will provide an overview of you case, including possible defenses. Legal counsel will also answer any questions you might have. There is no charge for an initial consultation with the Federal Lawyers.
