New York Rape Defense Lawyers

Rape Defense in New York

Rape is a serious offense regardless of the jurisdiction in which you live. The circumstances surrounding an alleged act of rape can exasperate the severity of charges. While defense against such damning charges may seem too daunting to overcome, an experienced New York sex crime attorney will not be deterred by the complexities and assumed difficulties of litigating a rape defense case.

According to New York Penal Law, rape is classified three different ways.

Penal Law 130.35 explains that a person is guilty of rape in the first degree (a class B felony) when he or she engages in sexual intercourse with another person:

• By forcible compulsion; or


• Who is incapable of consent by reason of being physically helpless; or


• Who is less than eleven years old; or


• Who is less than thirteen years old and the actor is eighteen years old or more.

Penal Law 130.30 states that a person is guilty of rape in the second degree (a class D felony) when:

• Being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or


• He or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.


• It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Penal Law 130.25 dictates that a person is guilty of rape in the third degree (a class E felony) when:

• He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;


• Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or


• He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

In order to combat such serious charges, a New York rape defense attorney should be consulted as soon as possible. At Conaway & Strickler, P.C., our New York rape defense lawyers know how challenging the defense of a rape case can be. Our NY sex crime attorneys will fight to ensure that your rights are not infringed upon in a court of law. If you have been accused of rape in New York, please don’t hesitate to contact the New York sex crime defense lawyers for more information about building your sex crime defense case. Call us today at 800-536-5640 for a free consultation of your case.