New York sex crimes lawyer Russ Kofman (https://www.lebedinkofman.com/what-is-the-difference-between-rape-and-sexual-assault-in-new-york/) of Lebedin Kofman LLP has recently published an enlightening article titled ‘What Is The Difference Between Rape And Sexual Assault In New York?’. The article meticulously explains the nuances of sexual assault and rape laws in the state of New York, offering comprehensive details that help to clarify these often misconstrued legal terms.
The New York sex crimes lawyer begins the article by establishing sexual assault as a broad term encompassing nonconsensual sexual contact under New York law. “Sexual assault covers sex offenses under the law including rape, predatory sexual assault, forcible touching, and criminal sexual contact, among others,” Kofman explains. He has strategically underscored the need for a proficient New York sex crimes lawyer when confronting charges related to these offenses.
Kofman delves into the concept of consent, asserting that sexual assault entails sexual acts or contact committed without the victim’s consent. He explains that New York law recognizes sexual contact as any intentional touching for sexual gratification, regardless of clothing or the presence of ejaculate. The New York sex crimes lawyer emphasizes, “An investigation would be necessary to establish evidence of sexual contact as well as whether forcible compulsion happened.”
The attorney further clarifies the circumstances under which sexual acts are considered nonconsensual, including situations where the victim was forcibly compelled, legally or physically incapable of expressing consent, or withdrew consent during the act. Kofman provides examples of individuals who are legally incapable of consenting, such as minors, individuals with mental disabilities, and those who are physically helpless.
The New York sex crimes lawyer spotlights the specific instances where victims are legally considered incapable of consenting, particularly when they are under the care or custody of the actor. Kofman provides a detailed example of a police officer initiating sexual contact with a person in their custody, which would constitute sexual assault and a potential civil lawsuit.
He outlines the charges related to predatory sexual assault, which are considered Class A-II felonies due to the severity of the actions involved. Kofman explains the three charges under which rape is divided in the New York Penal Code. He also reminds readers of the requirement for anyone convicted of a sex offense in New York to register as a sex offender with the New York State Division of Criminal Justice Services.
Kofman presents an in-depth look at third-degree rape, an offense committed when an individual engages in sexual intercourse with a person unable to provide consent due to age or intoxication. He provides a detailed walkthrough of the investigation process and the statute of limitations for filing charges of third-degree rape.
To further educate and aid those facing allegations related to sexual assault or rape, Lebedin Kofman LLP offers a confidential consultation.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a law firm based in New York, recognized for its commitment to providing competent legal counsel and representation in a range of legal areas, including sex crimes. The firm’s team of dedicated attorneys, including Russ Kofman, is dedicated to assisting clients navigate complex legal landscapes, ensuring their rights are protected and their interests advocated for. With a focus on providing personalized and proficient legal services, Lebedin Kofman LLP continues to make a significant difference in the lives of their clients.
Media Contact
Company Name
Lebedin Kofman LLP | Criminal Attorney and DWI Lawyer
Contact Name
Russ Kofman
Phone
(646) 663-4430
Address
26 Broadway 3rd floor
City
New York
State
New York
Postal Code
10004
Country
United States
Website
https://www.lebedinkofman.com/
COMTEX_439254266/2737/2023-08-30T14:03:19
