If you find yourself accused of rape, sexual assault, date rape, or any other number of sex crimes, you should know that the consequences of the allegations alone can be devastating. While a conviction itself can lead to harsh penalties, a mere allegation has equally detrimental effects on your life. Below is an overview of the penalties and other consequences of being charged or convicted of a sex crime in the state of New York.

New York Sex Crime Laws

Sex crimes are serious offenses, and the penalties that come with their convictions are also quite serious as well. For instance, rape in the third degree is considered a class E felony, carrying with it a fixed term of 1-4 years in prison for sexual intercourse with a victim age 17 or older who did not express consent. Predatory assault in which rape in the first degree is determined with at least one of the following factors: physical injury to the victim, the use or threat of a weapon, multiple victims, or with prior felony sex crimes convictions. This is considered a class A-II felony and can lead to life in prison. 

When officials found disgraced American financier, socialite, and convicted sex offender Jeffrey Epstein dead in his prison cell in 2019, New York City’s medical examiner declared Epstein’s death a suicide. Many of his alleged victims were disheartened that they would not get the justice that they had sought. However, there is some hope for those who wish to see the case unraveled to the end. Ghislaine Maxwell, Jeffrey Epstein’s confidante and a British socialite with ties to many powerful individuals, is currently being held in custody and is accused of recruiting and grooming underage girls, as young as 14, for Epstein to abuse. 

In 2007, Epstein served 13 months in county jail after being indicted for the abuse of dozens of underage girls. However, in July 2019, Epstein faced sex trafficking charges for recruiting and paying some of his victims to find more underage girls for him to abuse at either his New York or Palm Beach residences. Many recipients of large donations from Epstein were under intense scrutiny during this lawsuit. His death prevented investigators from learning if any powerful people or institutions shared in his trafficking abuses.

Registered sex offenders convicted of a felony for failing to disclose Facebook usage can now get that conviction vacated due to a June 2019 ruling by the New York Court of Appeals. If you believe you were wrongly convicted of a registry violation, contact a Manhattan criminal defense lawyer to discuss your case.

What Are the Requirements of the New York Sex Offender Registration Act?

New York’s Sex Offender Registration Act requires convicted sex offenders to complete an annual verification process with the state Division of Criminal Justice Services. The verification form asks for the offender’s physical address, their school or work location, the name of their internet service provider, their email addresses, and other online identifiers used for the purposes of chat, instant messaging, or social networking. An offender who fails to comply with registry requirements can be charged with a class E felony for a first offense. The penalty for this crime may include up to three years of conditional discharge or probation or up to four years in prison. 

Although New York state law does not explicitly use the term “statutory rape,” it does define several categories of sex crimes involving underage victims. In general, individuals younger than age 17 are considered to be legally incapable of consenting to sex with adults who are four to five years older. Depending on the age of the victim, an adult engaging in sexual intercourse with a minor may be charged with rape in the first, second, or third degree. The younger the victim, the more severe the crime and punishment.

New York Statutory Rape Involving Victim Under Age 17

The crime of rape in the third degree occurs when an adult age 21 or older engages in sexual intercourse with a juvenile under the age of 17. For example, a 21-year-old who engages in sex with a 16-year-old could be charged with rape even if the 16-year-old claimed the sex was consensual.