Do You Need A Sexual Assault Lawyer In New York? Call Now!
First, your trusted defense attorney will explain the basics:
In order for someone to be convicted of a sexual assault, it needs to be proven that the act was committed without the victim’s consent. There are four main areas that show lack of consent:
- If the victim was forcibly compelled
- If the victim doesn’t have the capacity to consent to the sexual act
- If sexual abuse or forcible touching are charged, lack of the victim’s express or implied acquiescence in the act are included along with being forcibly compelled and lack of capacity to consent
- If third-degree rape or criminal sexual act are charged, in addition to forcible compulsion the victim clearly expresses lack of consent and a reasonable person would understand their words and actions as not consenting
A person does not have the legal capacity to consent to a sexual act if he or she is less than 17 years old, mentally disabled or mentally incapacitated, physically helpless or in a specific position of influence over a person (such as in a prison, state mental health facility, doctor, etc.).
There are various possible defenses to a charge of sexual assault in New York City, so it is worth your time to contact a qualified and experienced criminal defense attorney, like Lisa Pelosi. Lisa has helped numerous defendants fight sexual assault charges and will take an active interest in you and your case. Let Lisa Pelosi help get your legal situation on the right track. Call today!