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Sexual Abuse

Sexual abuse is defined as a sex crime under New York law. Prosecutors and judges are not light on sexual abuse charges. In addition to this, the negative connotation of sexual abuse can lead to social isolation and distrust. Although the penalties for sexual abuse are not as severe as sexual assault, the consequences can be life-altering.

The conviction of a sex crime may lead the accused to being added to the registered sex offender database. Sexual abuse charges can lead to prison time, large fines, and a probation period. Any person charged with sexual abuse should contact a qualified criminal defense attorney.

Attorney for Sexual Abuse Charges in Nassau County, NY

New York Penal Law § 130.00(3) indicates that sexual abuse does not involve penetration, and is instead “sexual contact” on another person. A sexual abuse charge can carry severe penalties and a seriously damaged reputation. If you or someone you know has been accused of sexual abuse, it is essential that you contact an experienced criminal defense attorney.

Attorney Stephanie Selloni from Law Office of Stephanie Selloni is a qualified defense attorney who is passionate about her client’s rights. She has been handling sexual abuse and other sex crime cases throughout the villages and hamlets of Long Island area for years. Attorney Stephanie Selloni is a reputable defense lawyer, and has joined several esteemed law associations such as the New York Association of Criminal Defense Lawyers (NYSACDL) and the Nassau county Criminal Courts Law and Procedure Committee.

Law Office of Stephanie Selloni defends clients for sex crimes throughout Nassau County and Suffolk County including the towns, villages and cities of Long Beach, Mineola, Riverhead, Glen Cove, and Hempstead.

Get a knowledgeable attorney on your side today. Call (516) 972-1212 or submit an online contact form for a free consultation.

Overview for Sexual Abuse in New York

Definitions for Sexual Abuse under New York Law

The following are definitions for New York Penal Law regarding sexual abuse.

  • Sexual Abuse – Subjecting another person to “sexual conduct.”
  • Sexual Contact – Any touching of sexual or intimate parts of a person for the purpose of gratifying a sexual desire of either party. It includes touching of the actor by the victim or the victim by the actor, whether directly or through clothing. It also includes the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
  • Aggravated Sexual Contact – Inserting, other than for a valid medical purpose, a foreign object in the urethra, penis, rectum, anus, or vagina of a child.
  • Forcible Compulsion – Use of physical force, or a threat (express or implied) which places a person in fear of immediate death or physical injury to himself, herself, or another person. In addition it is the fear that he or she, or another person will immediately be kidnapped.
  • Foreign Object – Any instrument, which is inserted in the urethra, rectum, penis, or anus is capable of causing physical injury.
  • Physically Helpless – Defined as a person being unconscious or physically unable to communicate unwillingness to an act.

Types of Sexual Abuse in New York

Sexual abuse is divided into three degrees. The charges for sexual abuse are typified by if there is forcible compulsion, the age of the victim, the age of the actor, and capability of consent. The penalties for sexual abuse range from class B misdemeanors to class E felonies.

Third-Degree Sexual Abuse

A person guilty of sexual abuse to the third-degree is when he or she subjects another person to sexual contact without the other person’s consent. Unlike sexual assault, there is no penetration involved and does not require anal or oral sexual conduct. It is often the touching of intimate parts without consent.

Third-degree sexual abuse is defined as a class B misdemeanor. The maximum penalty for a third-degree sexual abuse charge is up to 3 months in jail. It can also include a probation term for 6 years and a possible registry to the New York sex offender database.

Second-Degree Sexual Abuse

According to the New York Penal Law § 130.60, a person has committed second-degree sexual abuse when he or she subjects another person to sexual contact and the victim is either:

  • Incapable of consent by reason of some factor other than being less than 17 years old; or
  • Less than fourteen years old.

Second-degree sexual abuse is classified as a class A misdemeanor. The maximum penalty for a second-degree sexual abuse charge is up to one year in jail. It can also include a long probation period, and a possible registry to the New York sex offender database.

First-Degree Sexual Abuse

First-degree sexual abuse is the most severe charge for those accused of sexual abuse. A person is convicted of sexual abuse if the prosecutor can prove beyond a reasonable doubt that he or she subjected another person to sexual contact involving:

  • Forcible compulsion;
  • The other person being rendered incapable by reason of being physically helpless
  • The other person is less than 11 years old;
  • The other person is less than 13 years old and the actor is 21 years old or older.

A first-degree sexual abuse charge is convicted as a class E felony. It is not, however, a violent felony offense. Therefore, the judge is not required to give a mandatory minimum sentence. If this is your first felony offense the judge is given the choice to give the accused much less than 4 years in prison.

On the other hand, if you have a prior felony offense you will face a mandatory minimum sentence of at least three years in prison.

New York Law & Persistent Sexual Abuse

Persistent sexual abuse is based on the amount of convicted sex crimes in the previous 10 years. If the alleged offender has been convicted of certain crimes two or more times, they can be charged with persistent sexual abuse. The crimes that can be used to charge a person with persistent sexual abuse include:

  • Sexual abuse in the third-degree
  • Sexual abuse in the second-degree
  • Forcible touching (See New York Penal Law § 130.52).

All of these charges are considered misdemeanors. If an alleged offender has three sex misdemeanor crimes on their record in the last 10 years, they may be charged with persistent sexual abuse. Persistent sexual abuse is sentenced as a class E felony. The maximum penalty for a class E penalty is up to four years in prison.

Aggravated Sexual Abuse in Nassau County

Aggravated sexual abuse is a more severe sex crime under New York law. According to New York Penal Law § 130.65, aggravated sexual abuse is when a person is:

  • Inserting a foreign object into another person’s vagina, urethra, rectum, anus, or penis, and that person is incapable of consenting;
  • Physically injure another person by inserting a finger into that person’s vagina, penis, urethra, rectum, or anus of that person who is incapable of consenting;

All types of aggravated sexual abuse charges are considered felonies. A felony charge can result in possible prison time, hefty fines, long periods of probation, and registration with the sex offender database.

Statute of Limitations for Sexual Abuse in New York

The statute of limitations refers to a time limit for prosecutors to file formal charges against a defendant. The statute of limitations begins once the crime is discovered, or should have been discovered. New York law defines statute of limitations based on level of offense, or if the crime is heinous.

Sexual abuse to the third degree is charged as a class B misdemeanor. The statute of limitations for a misdemeanor is two years. If a person is charged with either; second degree sexual abuse, first degree sexual abuse, persistent sexual abuse, or aggravated sexual abuse—he or she will be charged with a felony. A felony, under New York law, has a statute of limitations of five years.

If heinous crime is charged atop of the sexual abuse, there will be no statute of limitations. For instance, if an alleged offender is charged with murder in conjunction with sexual abuse, there is no statute of limitations.

Additional Resources

National Sexual Assault Telephone Hotline – Visit the Rape, Abuse & Incest National Network (RAINN) and read more on the national sexual assault hotline. Get access to the hotline, what the hotline is made for, and how it works.

Sexual Abuse – Visit the American Psychological Association (APA) and read up on the psychological effects of sexual abuse. Find resources that can reduce stress and trauma, get help from support groups, and recent news regarding sexual abuse.

Lawyer for Sexual Abuse Charges in Nassau County, NY

Sexual abuse charges can have heavy penalties and life-long social effects. One sexual abuse conviction can brand a person as a predator to their community. If you or someone you know has been charged with sexual abuse, it is imperative that you contact a qualified criminal defense attorney.

Law Office of Stephanie Selloni has handled many sexual abuse and other sex crime related cases throughout the Garden City, New York area. Attorney Stephanie Selloni is a practiced attorney who is compassionate with her clients. She is dedicated to criminal defense and protecting her client’s rights. Law Office of Stephanie Selloni has been admitted into multiple esteemed law associations such as the Nassau County Bar Association and Nassau County Criminal Courts Bar Association. Stay on top of these charges today and call Law Office of Stephanie Selloni.

Law Office of Stephanie Selloni represents clients throughout Nassau County and Suffolk County including nearby communities such as Hempstead, Riverhead, Glen Cove, Central Islip, and Mineola.

Call (516) 972-1212 or simply submit an online contact form for more information regarding your case.

This article was last updated on August 30, 2018.