Rape in the First Degree in New York State
Recently, a Monroe County man was convicted of first-degree rape. The rape of a 54-year-old woman occurred at her church in Rochester. Assistant District Attorney Elizabeth Buckley, the Chief of the Sex Crimes Bureau, prosecuted the case. Ms. Buckley said that the victim reported the event to a sexual assault nurse examiner, the Monroe County Crime Lab, and the Rochester Police Department. The defendant faces a maximum 25-year sentence in state prison.
According to New York Penal Code § 130.35: Rape in the First Degree, the defendant committed a Class B felony. This is one of three rape charges described in the New York Penal Code. It’s also the most serious type of rape. The statute explains that a person is charged with rape in the first degree if one of the following actions occurs:
• The offender engages in sexual intercourse with another individual “by forcible compulsion”
• The offender engages in sexual intercourse with another individual if he or she is “physically helpless”
• The offender engages in sexual intercourse with a child younger than 11-years-old
• The offender engages in sexual intercourse with a child younger than 13-years-old (when he or she is at least 18 years of age)
For instance, if a man puts a knife to a woman’s neck as he demands the woman to undress, then forces her to submit to sexual intercourse, he may be prosecuted for rape in the first degree. The female victim didn’t consent to the act of intercourse and submitted because the offender used a knife to threaten her with death or physical harm.
In another example, a man meets a young woman at a social gathering. They drink a glass of wine together. Unknown to the woman, the man has spiked the drink with a date rape drug. When she passes out, the man assaults her. He may be charged with rape in the first degree because the woman was unable to consent to or deny the action. She was physically helpless when the event happened.
Contact LaDuca Law Firm is you’re facing a serious criminal charge. A criminal charge is a legal emergency. We’re available to take your call 24/7 at 585.420.8560.
