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Rape

The crime of rape is one of—if not the most serious sexual offense a person can be accused of in New York. While it may be charged in one of three degrees, rape is always a felony offense.

Prosecutors will aggressively pursue maximum punishments for the people who are accused of rape crimes. It is not uncommon for an alleged offender to claim that sexual intercourse was consensual, and many rape cases can involve very contentious disputes over this element of the alleged offense.

Attorney for Rape Arrests in Nassau County, NY

Do you believe that you could be under investigation or were you already arrested for an alleged rape in New York City? No matter how confident you are in your innocence, you should still refuse to say anything to authorities until you have legal representation. Contact Law Office of Stephanie Selloni as soon as possible.

Garden City criminal defense lawyer Stephanie Selloni defends clients accused of sexual crimes in communities throughout Long Island, such as Mineola, Oyster Bay, Hempstead, Long Beach, Lynbrook, and many others. You can have our attorney review your case and answer all of your legal questions as soon as you call (516) 972-1212 to set up a free initial consultation.

Overview of Rape Crimes in New York

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Rape Charges in Long Island, NY

The crime of rape may be charged in one of three different degrees in New York. Under New York Penal Law § 130.25, a person commits the Class E felony offense of rape in the third degree if:

  • He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old;
  • Being 21 years old or more, he or she engages in sexual intercourse with another person less than 17 years old; or
  • He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

New York Penal Law § 130.30 establishes that a person commits the Class D felony offense of rape in the second degree if:

  • Being 18 years old or more, he or she engages in sexual intercourse with another person less than 15 years old; or
  • He or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Under New York Penal Law § 130.35, a person commits the Class B felony offense of rape in the first degree if he or she engages in sexual intercourse with another person:

  • By forcible compulsion;
  • Who is incapable of consent by reason of being physically helpless;
  • Who is less than 11 years old; or
  • Who is less than 13 years old and the actor is 18 years old or more.

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Rape Penalties in Garden City, NY

Punishments for rape convictions will depend on the specific classifications of the alleged offenses. Generally, rape convictions may be punishable as follows:

  • Rape in the Third Degree — Class E felony punishable by up to four years in prison;
  • Rape in the Second Degree — Class D felony punishable by up to seven years in prison; or
  • Rape in the First Degree — Class B felony punishable by up to 25 years in prison.

When a person is prosecuted for rape in the second degree, New York Penal Law § 130.30 establishes that it is an affirmative defense that the alleged offender was less than four years older than the alleged victim at the time of the act.

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Nassau County Rape Resources

Victim Services, Crime & Crisis Prevention | Nassau County, NY — Visit this website to learn more about the Nassau County District Attorney’s Office of Victim Services. You can find information about the Sexual Assault Nurse Examiner Program (S.A.N.E.), which provides victims of rape and sexual assault with expert, confidential medical care, and emotional support. You can also learn more about domestic violence, the National Center for Victims of Crime, and the Coalition on Child Abuse and Neglect Child Victim Advocate Program.

Nassau County Crime Victims Assistance Center
1490 Franklin Ave.
Mineola, NY 11501
(516) 573-8207

New York Penal Law Article 130 | Criminal Jury Instructions — On this section of the New York State Unified Court System website, you can download standard jury instructions for various sex offenses listed under Article 130 of New York Penal Law. Rape in the third degree has four different instructions depending on specific circumstances, rape in the second degree has two, and rape in the first degree has four. All instructions specify the definition of sexual intercourse, with additional definitions also being explained as they relate to specific charges.

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Law Office of Stephanie Selloni | Garden City Rape Defense Lawyer

If you were arrested or think that you might be under investigation for an alleged rape crime in New York City, it is in your best interest to exercise your right to remain silent until you have legal counsel. Law Office of Stephanie Selloni represents individuals in Massapequa Park, North Hempstead, Freeport, Garden City, Glen Cove, and several other surrounding areas of Long Island.

Stephanie Selloni is an experienced criminal defense attorney in Nassau County who can fight to possibly get your criminal charges reduced or dismissed.

Call (516) 972-1212 or fill out an online contact form to have our lawyer provide a complete evaluation of your case during a free initial consultation.


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