NY Penal Law § 130.70: Aggravated Sexual Abuse in the First Degree

Aggravated sexual abuse in the first degree, as described in New York Penal Code § 130.70, involves inserting a foreign object into the vagina, urethra, penis, rectum or anus of another individual without that person’s consent. That said, the statute does not provide examples of what specific foreign object must be used for the purpose of this offense. Therefore, the assumption is that any object used in this manner can be the basis for a charge. Defendants have faced criminal prosecution based on inserting bottles, sticks, knives and numerous other objects into victims.

To get convicted of this crime, you must have done this without the person’s consent and the person must have evidence of having suffered a physical injury. Absence of consent can be demonstrated by:

• Forcible compulsion method
• The victim having been physically helpless, or
• The victim being younger than 11 years old

Aggravated sexual abuse int he first degree is a class B felony.

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Legal Scenario: What Would You Do?

Scenario

A man was arrested after his ex-girlfriend reported to police that during an argument, he forced a foreign object inside her without her consent. He was charged under NY Penal Law § 130.70 with aggravated sexual abuse in the first degree and is now facing the possibility of a lengthy prison sentence.

What kind of sentence am I looking at if convicted of aggravated sexual abuse in the first degree, and are there any possible defenses?

Attorney's Answer

Aggravated sexual abuse in the first degree under NY Penal Law § 130.70 is a class B violent felony, carrying a potential sentence of 5 to 25 years in state prison. Possible defenses may include challenging the element of lack of consent, questioning the credibility of the accusing witness, or disputing whether the act meets the statutory definition of insertion of a foreign object. Given the severity of the charge and the requirement of sex offender registration upon conviction under SORA, it is critical that you retain an experienced criminal defense attorney immediately to evaluate the evidence and build a strong defense strategy.

This is general information only. Contact us for advice specific to your situation.

An Example

Following a heated altercation with his estranged wife, a man forcibly inserted a knife into her vagina, cutting her flesh in and around the vaginal area. That man could face prosecution for aggravated sexual abuse in the first degree on the basis of his use of force to insert the knife into his wife’s vagina and injuring her. The fact that the couple was still legally bound in marriage would not serve as a defense for the man’s actions.

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