Sexual Assault

Prosecuted for Sexual Assault in New York

The laws covering sexual offenses and their prosecution were heavily revamped by the legislature in 2001 under what was called the Sexual Assault Reform Act or SARA. Under SARA the various forms of what were to be considered sexual offenses were defined. The law states that a sexual offense or assault takes place when certain acts take place without consent. The crime is often subject to interpretation of the two factors

• What was the nature of the act and how it took place
• Did the victim give consent or was the victim capable of giving consent

The second point can be highly contestable and a central part of defending a case. Although an act may have taken place it is not necessarily always a crime, especially if lack of consent cannot be demonstrated. This enters into very complex legal territory and it is critical that you engage a seasoned New York sex crimes defense attorney. The Law Offices of Brian D. Perskin has over 40 years of collective experience and acquired familiarity in defending its clients against such charges.

Types of Sexual Assault

In a legal sense the word assault means to threaten bodily harm and is accompanied by a display of the ability to carry out harm. An idle threat or mere words would rarely be considered an assault unless accompanied by some demonstration, such as a raised fist, that harm was potentially likely. Understanding this then the crime of sexual assault involves a forced sexual act done without consent.

For example, one could threaten harm to a third party, such as a child, if sex was not given. Any sexual act committed under that circumstance could be prosecuted as a sexual assault.

Some forms of non-consensual sexual acts that could be considered assault are:

• Sexual Intercourse - any penetration of the penis into the vagina, however slight
• Sexual Acts - any contact of the penis and various body parts such as the mouth or rectum
• Sexual Contact - any touching of sexual and/or intimate parts of the body. The presence or non-presence of clothing or some such barrier does not matter to this act. This can include the touching of either the victim's body or the touching of the perpetrator's body parts by the victim
• Forced touching which could include any grabbing or squeezing
• Aggravated sexual contact which covers the insertion of a foreign object into an orifice