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The Law Offices of Robert E. Brown, P.C.

Due to the current social climate, I’ve found that police departments, especially the NYPD, are not making arrests for certain offenses, such as drug-related offenses, and seem to be focusing instead on investigations and arrests related to sexual offenses. The #MeToo movement has been using social media to encourage victims of sex crimes to come forward and report them, meaning a lot of people are reporting crimes that happened long ago.

In addition to the high volume of sex crimes being reported, New York State has recently changed its laws to allow (a) someone to be arrested after a longer period of time than previously allowed; and (b) someone to sue for an offense that happened many years before.

What Is the Statute of Limitations for Filing Rape Charges in New York?

The statute of limitations is the time the government has in order to bring criminal charges against somebody. For rape in the first degree, there is no longer a statute of limitations, meaning that the time to bring criminal charges never expires. Similar to murder or kidnapping, an allegation of rape from 50 years ago can still be pursued.

To better understand, it’s important to know what rape in the first degree means. Rape in the first degree is when a person forces another person to have sexual intercourse. It also includes cases of sexual intercourse with someone who is physically helpless, a child under the age of 11, or a child under the age of 13 in cases where the offender is at least 18 years old.

What Is Sodomy in the First Degree? What Is the Statute of Limitations for It in New York?

In New York, sodomy in the first degree is called criminal sexual act in the first degree, which occurs when a person has oral or anal sex with another person who is physically helpless, who can’t give consent, who is under the age of 11 or by forcible compulsion.

Criminal sexual act in the first degree, much like rape in the first degree, has no statute of limitations, meaning there is no time limit in order to bring action. The prosecution can arrest the alleged offender and prosecute them at any time, similar to cases involving murder or kidnapping.

What Is Rape in the Second Degree? What Is the Statute of Limitations for It in New York?

Rape in the second degree requires that the person being accused of the rape be at least 18 years old. Additionally, the accused must have engaged in intercourse with a person who is less than 15 years old or who is incapable of consent because of a mental disability or a mental incapacity.

The statute of limitations for rape in the second degree recently changed in New York. The prosecution now has 20 years from the commission of the crime or ten years from the moment the crime was first reported to the police to bring the case.

What Is Criminal Sexual Act in the Second Degree? What Is the Statute of Limitations for It in New York?

Criminal sexual act in the second degree used to be known as sodomy. It’s when a person at least 18 years old engages in oral or anal sexual conduct with a person who is less than 15 years old or who is incapable of consent because they are mentally disabled or mentally incapacitated.

The statute of limitations, much like rape in the second degree, is 20 years after the crime was committed or ten years after the crime was first reported to the police.

What Is Rape in the Third Degree? What Is the Statute of Limitations for It in New York?

Rape in the third degree is when a person engages in sexual intercourse with another person who is incapable of consent due to lack of capacity or another factor. Statutory rape in the third degree can also be based on age for cases where the alleged offender is at least 21 years old and the victim is less than 17 years old.

The statute of limitations for rape in the third degree is ten years after the crime was committed.

What Is Criminal Sexual Act in the Third Degree? What Is the Statute of Limitations for It in New York?

In New York, criminal sexual act (formerly known as sodomy) in the third degree occurs when a person engages in oral or anal sex with someone who is not capable of giving consent, someone who has not given consent, or someone who is under the age of 17 years old (when the person accused of the offense is at least 21 years old).

The time limit to bring this sort of criminal prosecution is ten years after the crime was committed.

For more information on Sex Offense Cases in the State of New York, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 766-9779 today.

Robert Brown

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(212) 766-9779