Facing First Degree Rape Charges in New York?

In New York, 1st degree rape is classified as a serious felony. The penalties for 1st degree rape are severe, including lengthy prison sentences and mandatory registration as a sex offender.

New York Penal Code 130.35: 1st Degree Rape

Under New York Penal Law § 130.35, the law states that a person is guilty of 1st degree rape if they:

• Engage in sexual intercourse with another person by forcible compulsion.
• Engage in sexual intercourse with a person who is physically helpless.
• Engage in sexual intercourse with a person who is mentally incapacitated.
• Engage in sexual intercourse with a person who is less than 13 years old.

According to this statute, a person is guilty of rape in the first degree when they engage in sexual intercourse with another person under certain circumstances:

• Forcible Compulsion: The person engages in sexual intercourse with another person by using force or threats that compel the victim to participate against their will.
• Physically Helpless: The person engages in sexual intercourse with someone who is physically helpless, meaning they are unable to resist or consent due to a physical condition.
• Mentally Incapacitated: The person engages in sexual intercourse with someone who is mentally incapacitated, meaning they are unable to understand the nature of the act or to give consent due to impairment from drugs, alcohol, or other substances.
• Underage Victim: The person engages in sexual intercourse with a victim who is under the age of 13, regardless of consent.

Penalties and Sentencing

From a penalties and sentencing standpoint, the crime of 1st degree rape,

• is classified as a Class B violent felony in New York
• if convicted, can result in significant prison time, often ranging from 5 to 25 years, depending on the specifics of the case and the defendant's criminal history
• if convicted, may also require registration as a sex offender and other legal consequences.

How We Fight First Degree Rape Charges in New York

Defending against a rape charge in New York requires a nuanced and strategic approach, given the serious nature of the offense. Here are some common defense strategies that might be employed:

1. Consent: One of the most direct defenses is proving that the sexual activity was consensual. Consent must be clear and affirmative, but if there is evidence or testimony to show that the victim consented to the sexual act, it can be a strong defense.
2. False Allegations: In some cases, individuals might be falsely accused of rape due to personal vendettas, misunderstandings, or other reasons. Gathering evidence to demonstrate that the allegations are false can be crucial.
3. Mistaken Identity: If the accused can show that they were not the person who committed the crime, this could be a viable defense. This often involves alibi evidence or disproving identification.
4. Insufficient Evidence: The prosecution must prove their case beyond a reasonable doubt. If the defense can show that the evidence presented by the prosecution is insufficient or unreliable, it may lead to a reduction in charges or a dismissal.
5. Mental State: In some cases, the defense might argue that the accused was not in a mental state to commit the crime, which could be due to intoxication, a mental health condition, or other factors affecting their perception or behavior.
6. Procedural Errors: If law enforcement or prosecutors made procedural errors during the investigation or handling of the case, such as illegal searches or improper handling of evidence, these errors could be used to challenge the charges.
7. Victim's Credibility: Challenging the credibility of the accuser can sometimes be a strategy, though it must be done carefully and respectfully. This might involve questioning their past behavior, motives for the allegations, or inconsistencies in their account.
8. Coercion or Duress: If the defendant was coerced or forced into committing the act under threats or pressure, this might be a valid defense.

Your Defense Begins Today

Should you find yourself being prosecuted for first degree rape, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Contact The Law Offices of Jason Goldman today.