What Is Forcible Touching? What is Sexual Abuse? What Is the Statute of Limitations in New York?
In the State of New York, there is a crime called forcible touching. A person could be guilty of forcible touching if that person intentionally, forcibly, and with no legitimate purpose touches the sexual or intimate parts of another person, for the purpose of either degrading or abusing that person or for the purpose of their own sexual desire or gratification. The law includes descriptions of things such as squeezing, grabbing, or pinching. Forcible touching can happen on a bus, a train, a subway car, etc., and we see it commonly occur in barroom settings where one person grabs or squeezes the buttocks of another without their consent.
In New York, the statute of limitations to bring a charge for forcible touching criminally is two years.
What Is Sexual Abuse in the Third Degree? What Is the Statute of Limitations in New York?
Sexual abuse in the third degree is a Class B misdemeanor in New York, and a person could be found guilty of sexual abuse in the third degree if they touched somebody else in a private area of their body without their consent. This also applies to touching someone incapable of giving consent because they are under 17 years old. In other words, they are too young to give consent, similar to statutory rape. Sexual abuse in the third degree also applies when the person doing the touching is more than 14 years old and the person being touched is less than five years old.
In New York State, the statute of limitations for sexual abuse in the third degree is two years.
What Is Sexual Abuse in the Second Degree? What Is the Statute of Limitations in New York?
Sexual abuse in the second degree is an unwanted touching of a person in a private area of their body, when that person is incapable of consent by a reason other than age. The person could have been intoxicated or otherwise unable to give consent.
Sexual abuse in the second degree is a Class A misdemeanor, and the statute of limitations is two years.
What Is Sexual Abuse in the First Degree? What Is the Statute of Limitations in New York?
Sexual abuse in the first degree is when a person engages in unwanted sexual physical touching of another person, and what raises the offense from a misdemeanor to a Class D felony is the use of force, also known as forcible compulsion. The offense can also be raised due to the victim being physically helpless (for example, drugged) or under the age of 11 years old.
The statute of limitations to bring a criminal prosecution for sexual abuse in the first degree is ten years.
What Are Possible Defenses to Rape and Criminal Sexual Act Charges?
Over the years, I’ve successfully used many different defenses on behalf of my clients in cases of rape and other criminal sexual charges. One defense can be that the alleged victim got the wrong person, meaning they made a mistake as to the identity of the attacker and are now naming the wrong person. Maybe there is another person who looks like the client. Another potential defense could be that the client was somewhere else when the offense occurred.
In cases where the victim is complaining that they didn’t give consent, there may be circumstances that lead us to believe that my client did have their consent, which we try to show through text messages, videos, or social media posts. Victims often complain of being intoxicated to the point that they could no longer consent, and we may be able to show through video that they didn’t appear intoxicated when they were walking into a location (meaning they were conscious and aware). In many cases, I’ve worked with a private investigator who goes out of his way to find videos or other evidence to substantiate my client’s position that it was consensual.
What Are Possible Defenses to Forcible Touching and Sexual Abuse Charges?
Many times, forcible touching or sexual abuse charges happen in a crowded location, and it may be that their conduct or the actual contact itself was unintentional. On a crowded subway car, for example, the cramped space could be used as a defense for someone brushing against someone else accidentally. Another defense could be that the victim identified the wrong person.
In cases where there is a relationship of any kind between the two people, a defense could be that the victim actually gave consent to my client. If the victim is saying that they were intoxicated to the point that they couldn’t consent, I’ll use a private investigator to try to obtain video that would prove consent. We may also use things like text messages, videos, or social media posts that would tend to indicate that the victim actually did give consent.
What Are the Ramifications of Being Convicted of a Sex Crime?
In New York, we have statutes that require people convicted of a sex crime to register as sex offenders; there are three different levels for registration as a sex offender, and for some crimes, the sex offender’s picture is visible on the internet, as is their home address. They have to check in with authorities, and there are certain things that they can and can’t do with their life. In short, a conviction for a sex crime can be a life-altering occurrence.
For more information on Forcible Touching and Sexual Abuse 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.
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