Book Your Appointment

MARYAM JAHEDI LAW FIRM P.C.

Criminal, Divorce & Family law Attorneys

Results Driven

Serving Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We are ready to fight for your rights.

Rape

Experienced Defense Against Rape Charges in New York

NYC Rape Defense Attorney

At Maryam Jahedi Law Firm P.C., we understand the gravity of rape charges and the potential life-altering consequences they carry. With a strong focus on defending your rights and liberties, our New York City rape defense attorneys are here to guide you through this challenging process.

What is Rape?

Rape is a serious criminal offense in New York State, characterized by non-consensual sexual intercourse or other forms of sexual penetration. The law in New York recognizes various degrees of rape, including:

First-Degree Rape: This is the most severe form of rape and involves sexual intercourse with another person through the use of physical force, threats, or when the victim is unable to give consent because of age, mental incapacity, or intoxication.
Second-Degree Rape: This offense occurs when a person engages in sexual intercourse with another individual who cannot give consent because of physical or mental disability or when the victim is less than 15 years old and the defendant is 18 or older.
Third-Degree Rape: This charge typically involves sexual intercourse with a person who cannot give consent due to age (under 17 years old) or when the defendant is in a position of authority or trust over the victim, such as a teacher or coach.
Statutory Rape: This offense pertains to sexual intercourse with a person under the age of consent, which is typically 17 years old in New York. Consent is not a valid defense in statutory rape cases.

What are the Penalties for Rape in New York?

The penalties for a rape conviction in New York are severe and can impact your life. The specific consequences vary depending on the degree of rape and other factors. However, common penalties for rape convictions may include:

Lengthy prison sentences range from several years to life imprisonment.
Mandatory registration as a sex offender can significantly restrict where you can live and work.
Supervised probation or parole upon release from prison.
Substantial fines and court fees.
A permanent criminal record can affect your employment prospects, housing options, and personal relationships.

Defenses Against Rape Charges

Some common defenses against rape charges may include:

Consent: Demonstrating that the sexual activity was consensual and that both parties willingly participated can be a powerful defense.
Mistaken Identity: If there is doubt about the perpetrator's identity, it may be possible to argue that you were wrongly accused.
Lack of Evidence: Challenging the prosecution's evidence and raising reasonable doubt about your guilt can lead to acquittal or reduced charges.
Alibi: Proving that you were not present during the alleged crime when it occurred can be a strong defense strategy.
False Accusations: It may undermine the accuser's credibility if you can demonstrate that the allegations were made with malicious intent, such as revenge or to gain a strategic advantage in a legal dispute.