Brooklyn Rape Defense Lawyers
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.
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(212) 300-5196Rape 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.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
A college student in Brooklyn has been accused of rape in the third degree after a encounter that he believed was consensual, but the other party claims they were too intoxicated to consent. He was just served with a notice that the NYPD Special Victims Division wants to bring him in for questioning.
Should I go in for questioning, and what kind of penalties am I actually facing if charged under New York Penal Law Section 130?
Do not speak with investigators or the Special Victims Division without an experienced defense attorney present — anything you say can and will be used to build a case against you. Under New York Penal Law § 130.25, rape in the third degree is a Class E felony carrying up to four years in prison, and it applies when the other person is incapable of consent by reason of intoxication or mental incapacity. A skilled Brooklyn rape defense lawyer can challenge the prosecution's evidence regarding the complainant's level of impairment and whether you had reason to know they could not consent. Early intervention by counsel is critical, as we may be able to present exculpatory evidence to the District Attorney's office before formal charges are even filed.
This is general information only. Contact us for advice specific to your situation.
