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Queens Criminal Rape Defense Lawyers

The Serious Impact of Rape Accusations

Being accused of rape is a serious matter. Indeed, the accusation in itself has the power to cast your life into complete ruin.

You must act quickly and decisively if you have been arrested and charged with rape. You must make no statement, take no action, or give any indication of your position until you have spoken to a lawyer.

Even a person charged with rape has the right to counsel. The pressure on you from all sides will be overwhelming; you will be left in a daze, a haze of confusion and uncertainty; you will not know exactly what to do after the charge becomes public.

These are all perfectly natural feelings, and you should wait until you have spoken with your attorney before acting on them.

Legal Definition of Rape Under New York Law

Penetration of the vagina, anus, or mouth of another person, no matter how slight or for how long, with a sex organ without consent constitutes the legal definition of rape.

It is an act that is viewed with such repugnance and horror by society at large that the people, the men especially, who are charged with it can be stigmatized for life.

Criminal Consequences of a Rape Conviction

You will suffer greatly if you are convicted of rape.

Not only will you go to prison for a very long time, you will lose your job and your career; your family life will at the very least be put under great strain, and you will be forced to go through the rest of your life with a rape conviction as part of your record, which will ruin any chance of returning to your profession after you have served your time and will make it tough for you to get a job at all.

You will be placed in a data base of sexual predators, and no matter where you live after your release the people around you will know what you did.

Civil Liability Following Criminal Conviction

The person who has accused you of rape can also sue you for damages.

A criminal conviction will give her most of what she needs to prove her case, so you will be compelled to pay money for the crime.

Fighting Rape Charges From the Beginning

Such ruin, such devastation, such an utter and complete destruction of your life need not take place.

You must fight the charge from the very beginning. You must not only beat the charge to keep yourself out of jail; you must also do so to salvage your reputation.

When you go back to your family, your friends, your work colleagues and community, there must not be the slightest doubt that you are innocent of the rape charge.

The Importance of Experienced Legal Representation

Hiring a lawyer will help you get this vindication.

The fight to preserve your freedom and reputation will not be easy or clean. In fact, it can become grueling.

If your accuser does not retract her statement, then the matter will go ahead and you will need to work with your lawyer to discredit her evidence, statements, and testimony.

Understanding Consent in Sexual Encounters

Perhaps you know your accuser well, perhaps you were alone with her, perhaps the two of you even had sex, but that does not mean you raped her.

The boundaries between consent and rape are not always clear in the heat of the moment.

It was certainly not your intention to do anything near what you have been accused of, and there is nothing that happened afterward that makes you think you did anything wrong.

The fact that you are being pursued with this criminal accusation is just plain wrong, and you have no choice but to do whatever it takes to clear your name, even if it means an aggressive and relentless challenge to her.

Working with a lawyer can help guide you through this difficult time. They will help you win the case, stay out of prison, and preserve your good name.

Queens, New York, Rape Laws

In New York, the degree of a rape charge will vary based on the circumstances surrounding the case.

Rape is defined as non-consensual sexual intercourse that is carried out against an individual though threats, involuntary intoxication, or physical force.

Three Degrees of Rape in New York

There are three degrees of rape in New York.

According to New York Penal Code Section 130.25, an individual can be convicted of rape in the third degree if he or she engaged in sexual intercourse with an individual who is not capable of consent other than being under the age of 17.

If the accused is over the age of 21, and the victim is under the age of 17, the accused could be charged with rape in the third degree.

Second Degree Rape Under NY Penal Code

If the accused is older than 18 and engaged in sexual intercourse with an individual under the age of 15, the accused could be charged with rape in the second degree.

An individual who engaged in sexual intercourse with an individual who is mentally incapacitated or mentally disabled could also be charged with second-degree rape.

First Degree Rape – The Most Serious Charge

An individual is guilty of rape in the first degree when he or she engaged in sexual intercourse with the victim through the use of physical force, physical injury, or kidnapping.

If the accused engaged in sexual intercourse with an individual who is incapable of consent because he or she is physically helpless, the accused could face a first-degree rape charge.

When the victim was less than 11 years old, the accused will be charged with rape in the first degree.

If the defendant is older than 18 and the victim is younger than 13 years of age, the defendant will face a first-degree rape charge.

What are the Penalties if Convicted of Rape?

In Queens, all forms of rape are classified as felonies and carry serious penalties.

Third Degree Rape Penalties

If an individual is convicted of rape in the third degree, he or she will face a Class E felony, which could result in a prison sentence up to four years.

Furthermore, the convicted could also have to pay a fine of up to $5,000.

Second Degree Rape Penalties

When an individual is convicted of rape in the second degree, he or she will be charged with a Class D felony.

The penalty for a Class D felony is a maximum prison sentence of seven years, and the convicted could face a fine up to $5,000.

First Degree Rape Penalties

Rape in the first degree is a Class B felony.

Individuals who are convicted of a Class B felony will be required to serve between five and 25 years in prison and have to pay a fine of $5,000.

Sex Offender Registration Requirements

In addition, those who are convicted of rape in New York will also be required to register as a sex offender even if they move to another city or state.

Individuals who are convicted of rape may also have problems finding employment, and they may not be allowed to rent or purchase residential property near schools.

Defenses to a Rape Charge

While the defense strategy will depend on the facts that surround each case, there are a number of defenses that can be used to fight a rape charge in Queens.

A primary element to a rape charge is lack of consent, so it could be argued that the sexual intercourse was consensual.

A criminal defense attorney can argue that the accused did not use physical force and the other individual wasn’t helpless.

Another defense to a rape charge could be mistaken identity.

It is the prosecutions burden to provide evidence that proves beyond a reasonable doubt that the accused is guilty of rape.

Why You Need a criminal Defense Attorney

When an individual has been charged with rape in Queens, it is vital that he or she seeks legal guidance as soon as possible.

If you have been arrested for rape, it is important to remain silent until you have a criminal defense attorney by your side because what you say can be used against you during trial.