Sexual assault happens when the act, of sexual assault, is committed against the victim’s will. If the defendant can present evidence that the victim knowingly, and intelligently consented to the sexual act, it will provide a firm defense to the sexual assault charges.
But what if the alleged victim is a minor, unable to understand the sexual nature of the act?
Criminal charges of sexual assault to minors are especially serious. Because of the age of the alleged victim, the penalties involved can be severe including but not limited to: probation, lengthy jail time, heavy fines, and the requirement to register as a sex offender.
Additionally, due to the social stigma attached to the charge, it may damage the reputation of defendants, as well as damage the relationships they have with family, friends, and colleagues.
Types of Sexual Assault to Minors
In New York, there are several types of sexual assault to minors:
- Rape – Sexual intercourse with a minor
- Criminal Sexual Act – Oral or anal sex with a minor
- Sexual Abuse – Sexual contact with a child; the law defines sexual contact as the touching of private parts of a person to satisfy oneself
- Sexual Misconduct – Sexual intercourse, oral sex, or anal sex with a child who is 16 years old or younger
- Course of Sexual Conduct Against a Child – Sexual conduct against a child at least 2 times in a period of at least 3 months
- Predatory Sexual Assault Against a Child – Causing physical injury or using the threat of physical injury while committing sexual assault to a child
Olivier E. Roche, Esq. for Defense
Making statements without consulting a knowledgeable attorney will likely negatively impact your case, as prosecutors may take your words out of context, or twist their meaning. I know, because for years, I was a prosecutor in New York for many years before becoming a criminal defense lawyer.
You are innocent until proven guilty. I will listen to your story, and defend your rights.
Call today for a free 15-minute consultation.
