Rape in the First Degree is one of the most serious New York sex crimes. New York rape statutes prohibit engaging in sexual intercourse with another person without their consent. First degree rape, however, arises when someone uses forcible compulsion to commit rape or when the victim is incapable of providing consent because they are physically helpless. It is also considered first degree rape if the victim is under 11 years old or the victim is under 13 years old, and the defendant is older than 18. Rape in the First Degree is a class B felony.
The Elements of Rape in the First DegreeBefore a judge or jury can convict anyone of Rape in the First Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of rape are:
In this context, “sexual intercourse” refers to any penetration of the penis into the vaginal opening. Additionally, “forcible compulsion” means to use physical force or to make threats that put another person in fear of death or physical injury or that they would be kidnapped.
Examples of Rape in the First DegreeExamples of Rape of the First Degree include the following:
While other types of sexual conduct, such as oral sex and anal sex, are not included in the definition of Rape in the First degree, these acts are covered under related statutes. Additionally, the concept of consent is irrelevant when the alleged victim is a minor, as under New York law, a minor cannot legally provide consent to sexual intercourse.
Related Offenses to NY Penal Law § 130.35Often, prosecutors bring Rape in the First Degree charges along with one or more of the following:
The defenses to Rape in the First Degree include:
Rape in the First Degree is a class B felony. In New York, class B felonies are punishable by up to 25 years in jail and a fine of up to $5,000. Additionally, a conviction for Rape in the First Degree will require the defendant to register as a sex offender.
Discuss Your Pending Charges with an Experienced New York Criminal Defense AttorneyIf you’ve been charged with rape or another New York sex crime, it is imperative that you reach out to an experienced criminal defense attorney as soon as possible. At Tilem & Associates, P.C., we have decades of hands-on experience litigating some of the toughest and highest-stakes sex crimes in the state, and we know what it takes to provide you with the defense you need, deserve, and are legally entitled to. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.