New York City sex abuse attorneys Russ Kofman and Arthur Lebedin (https://www.lebedinkofman.com/practice-areas/criminal-defense/sex-crimes/sexual-abuse/) publish a new article explaining, What constitutes sexual abuse in New York York. The attorneys note that in New York, a person is guilty of serious second-degree sexual abuse when they insert a foreign object into another person’s vagina, urethra, penis, rectum, or anus and physically injure that person by force inflicts injuries.
According to the New York Sexual Abuse Advocates article, “Compulsion is defined as intentional coercion by either (1) the use of physical force; or (2) by any threat, express or implied, that causes any person to fear immediate death or personal injury to himself or any other person, or fears that he or any other person will be abducted immediately. A foreign object is any instrument or object that, if inserted into the victim’s body, could cause bodily harm.”
Attorney Russ Kofman explains that the prosecution team must be able to prove that the defendant, without valid medical reason, inserted a foreign object into another person’s vagina, urethra, penis, rectum, or anus in order to become infected guilty of the crime of sexual abuse and causing bodily harm to the victim.
Defense attorney Arthur Lebedin says if a person is found guilty of second-degree aggravated sexual abuse or performing sexual acts on a physically helpless person, they will be charged with a Class C felony. A physically helpless person refers to someone who is unconscious or physically unable to communicate their incapacitation.
In the article, the attorneys also say that a person who commits serious second-degree sexual abuse of a child under the age of 11 faces a Class C felony. If the act was performed for a valid medical reason, it is not considered a criminal offense.
“A person is considered incapable of consent if they are under the age of 11. The law considers such insertion to be without that person’s consent, even if they actually consented. It is not a defense that the actor did not know that the person he was in contact with was less than 11 years old or that the actor believed that person was 11 years of age or older on the day of the crime,” attorney Kofman said says.
Finally, Attorney Kofman emphasizes the importance of having an experienced attorney when facing sex crimes charges. An experienced attorney may be able to help the accused understand their rights and protect their liberty.
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