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6 MAR 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: SEX CRIMES
DOCKET NO. 463 · THE DEFENSE DESK

Brooklyn Rape Defense Lawyers.

Accused of rape in Brooklyn, NY? Learn about rape laws, degrees of charges under NY Penal Code, penalties, registration as a sex offender, possible defenses, and how skilled Brooklyn rape defense lawyers can protect your rights and reputation. Contact our experienced attorneys for a confidential consultation.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 6 MAR 2026 · 1 MIN READ
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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

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