Facing Third Degree Rape Charges in New York?

New York Penal Code 130.25: 3rd Degree Rape

In New York State, the crime of third degree rape is defined under Penal Law § 130.25. According to this statute, a person is guilty of third degree rape if they engage in sexual intercourse with another person who is incapable of consent due to a lack of capacity or is otherwise unable to consent.

The key points are:

• Sexual Intercourse: This refers to any form of sexual activity that involves penetration.
• Incapacity to Consent: This can include situations where the victim is mentally incapacitated, physically helpless, or otherwise unable to provide consent.
• Intent: The perpetrator's intent is generally to engage in sexual intercourse without the consent of the other person.

Penalties and Sentencing

Third-degree rape is classified as a Class E felony in New York. Penalties for a Class E felony can include imprisonment, probation, and registration as a sex offender, among other consequences. The exact sentence can vary based on the circumstances of the crime, the defendant's prior criminal history, and other factors.

How We Fight Third Degree Rape Charges in New York

If you're facing a charge of third degree rape, there are several potential defenses that might be applicable. Here are some common ones:

• Consent: One of the main defenses is proving that the sexual intercourse was consensual. Consent must be given voluntarily and with full understanding. If it can be demonstrated that the alleged victim consented to the sexual activity, the charge may not stand.
• Lack of Awareness: If the accused did not know and could not reasonably have known that the alleged victim was incapacitated or unable to consent, this could be a defense. For instance, if the accused was unaware that the victim was under the influence of drugs or alcohol, or had a mental disability, this may be relevant.
• Involuntary Intoxication: If the accused was unknowingly intoxicated or incapacitated due to someone else's actions, and therefore unable to form the intent required for the charge, this could be a defense.
• Mistake of Age: In some cases, a defense might involve proving that the accused believed, based on reasonable grounds, that the alleged victim was of legal age and capable of consent.
• False Allegations: It is also possible to argue that the allegations are false or that there has been a misunderstanding or miscommunication. This might involve demonstrating inconsistencies in the alleged victim’s account or showing evidence of motive for false accusations.

Legal Precedent and Key Cases Over the Years

The following represent only a few of the many landmark cases in New York which have provided guidance on critical legal and evidentiary issues when it comes to sex crimes cases in New York State.

• People v. DeJesus (1995): This case addressed the issue of consent and whether a victim's resistance is necessary to establish lack of consent. The court affirmed that consent must be affirmatively given, and a lack of resistance alone does not imply consent.
• People v. Sykes (2004): In this case, the court examined the concept of "reasonable belief" in the context of consent. The ruling clarified that a perpetrator's belief in the victim's consent must be reasonable and that mistakes about consent cannot be used as a defense if the belief was unreasonable.
• People v. Pavao (2007): This case focused on the use of force and the severity of the crime. The court emphasized that even minimal force or the threat of force can elevate a sexual assault to a higher degree of rape, highlighting the seriousness with which the law treats violations of personal autonomy.
• People v. Edwards (2013): This decision dealt with issues surrounding the credibility of the victim’s testimony and the importance of corroborating evidence in rape cases. The ruling reinforced that while corroboration is not always required, it can significantly affect the strength of the prosecution’s case.

Examples and Recent Cases

We have represented various individuals charged with third degree rape. At a recent trial, we gained an acquittal of this specific charge when the government vaguely posited that a complaining witness was “otherwise unable to consent” during a sexual encounter. The two individuals were known to each other and, while other evidence existed pertaining to higher level charges, the jury rejected this count due to the consensual nature of their relationship and the specific consent granted during this specific sexual encounter.

Your Defense Begins Today

Should you find yourself being prosecuted for third 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.