Rape Charges in New York

New York Rape Defense Attorney

Rape is a forced sexual intercourse through physical and/or psychological coercion. There are different types of rape such as date rape, statutory rape, and spousal rape.  Date rape is a forced sex act between two people who know one another during a social engagement.  Even though the two people know one another, if a sex act was coerced, it is considered rape.  Statutory rape is a sex act between an adult and a minor under the legal age of 18.  Even if the minor consents to the sex act, it is still considered statutory rape.  Spousal rape is a forced sex act between a husband and wife.  If a husband or wife do not consent to a sex act, and the sex act is forced, it is considered rape.   

Rape Conviction and Penalties in New York

Rape is a serious sex crime.  If a person is convicted of rape, he/she faces a variety of punishments including:

• Jail or prison time
• Court ordered rehabilitation
• Steep fines
• Loss of the right to vote
• Loss of the right to own a gun
• Probation
• Sex offender registration

Punishments can be enhanced if the offender committed statutory rape, has prior criminal convictions, is on probation, or if there are aggravating circumstances.  

People who are convicted of rape must list their name on New York's Sex Offender Registry.  According to New York's Sex Offender Registration Act of 1996, sex offenders are categorized by risk of re-offense.  The court decides if the convicted offender is level 1 (low risk), level 2 (moderate risk), or level 3 (high risk).  The court also categorizes each convicted sex offender as a sexual predator, sexually violent offender, or predicate sex offender.  If a person's name is on the New York Sex Offender Registry, they may have limited employment and housing options and the damage to your future is extensive.

If you have been charged with rape, it is important that you seek the representation of a professional New York sex crimes attorney.  An experienced attorney can investigate your case, interview key witnesses, challenge evidence presented against you, and defend your legal rights.

The Law Offices of Brian D. Perskin has represented various clients throughout New York during their rape cases.  Our attorneys know that early preparation and investigation can help identify the facts surrounding your case.  With our expert legal knowledge, we can inform you of your options, negotiate charges with prosecutors, develop appropriate motions to suppress evidence, and build a strong defense on your behalf.  Our legal team knows how sensitive rape charges can be for our clients and their families.  We strive to provide compassionate counsel and to keep our clients informed as they go through this complicated time.

The firm proudly serves New York City, Brooklyn, Manhattan, Queens, Bronx, Staten Island, Nassau, Suffolk, Westchester, and Orange.