New York Rape / Sexual Assault - The New York Criminal Law Blog

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Rape and Sexual Assault in New York

Sexual assault covers a wide range of offenses related to inappropriate or forced sexual contact of another; rape being the most heinous. Rape is non-consensual intercourse committed by force, threat, incapacity to object due to drugs or alcohol, or some other form of duress. New York law also considers sex with anyone under the age of 18 by older individuals as “statutory rape,” meaning the victim was statutorily too young to consent to sex. Other types of sexual assault include groping, inappropriate touching or otherwise unwanted sexual contact.

The consequences of a sexual assault conviction can be devastating, including the requirement to register as a sex offender regardless of the severity of the offense. Working with an experienced New York criminal defense attorney is the key to ensuring a fair trial.


Recently in Rape / Sexual Assault Category

The Difference Between Assault and Forcible Touching in N.Y.

Where does New York draw the line between simple assault and a sex crime?

Or, to phrase it a different way, when does touching become a sexual offense?

In New York, forcible touching is a Class A misdemeanor. If convicted, the offender would have to register as a sex offender.

Cannibal Cop's Accomplice Arrested: He's Even More Depraved

We were wondering when Giberto Valle's accomplices would be identified. When the alleged NYPD "Cannibal Cop" was arrested, the FBI affidavit listed two co-conspirators. With one unidentified person, Valle allegedly discussed recipes for homemade chloroform and cooking a woman over a rotisserie-like device. With the other, he allegedly conspired to kidnap a woman and deliver her for the purposes of sexual assault.

Meet the alleged co-conspirator: Michael Van Hise. He was arrested last week and charged Monday with plotting a kidnapping, reports the New York Daily News.

Sounds ... almost normal in comparison to Valle, right?

Who Are the Men Behind the Masks? Super Mario Gropes Woman

Their presence is enjoyed by tourists and children alike. For kids, they’d love to believe that their favorite characters from television and video games were real. They’d love even more to get a photo with their heroes.

But who are the men underneath the costumes? Damon Torres, 34, was dressed as Super Mario, of Nintendo fame. He is one of many Marios, Luigis, Elmos, and other costumed characters that troll the sidewalks of touristy areas and accept tips in exchange for photos, usually with excited children.

Rabbi Weberman Guilty of Sex Abuse; Big Win for Brooklyn D.A.'s Office

Late last week, the outcome of the trial looked fairly uncertain. Alternate jurors, dismissed prior to deliberations, had either stated that they felt that there was not enough evidence to convict at all, or not enough to convict on the most serious of the charges, reported the New York Post. The remaining jurors deliberated only a short time before being sent into recess in order to allow the defendant, Rabbi Nechemya Weberman, to attend to the Sabbath.

Monday morning, according to the Daily News, the jurors only took ninety more minutes before announcing their verdict in unison: Guilty. Guilty of fifty-nine counts of abuse. Guilty of forcing the underage victim to perform oral sex and reenact pornography films during "religious counseling sessions" from 2007 to 2010. Guilty of violating the trust of an ultra-conservative religious community and the trust of the victim's family.

Rabbi Weberman's Sex Abuse Trial Starts, Sans Sex Tape

The accuser was described as a curious and free-spirited 12-year-old when the alleged abuse began. In the Hasidic Jewish community, where questions about the proper length of a skirt could lead to mandatory counseling, she was bound to run into some trouble at her religious school and in the community.

According to The New York Times, that trouble led to mandatory counseling sessions with Rabbi Nechemya Weberman, 54, of Williamsburg, Brooklyn. What happened in those sessions is the disputed matter that led to eighty-eight sex abuse charges.

UPDATES: Looting Okay, Maybe; Pizza Delivery Rapist Indicted

Our stellar news and information often leaves our readers wanting more. It’s understandable. Many times, you’ll read a post and wonder “what happened next?”

Well friends, today is the day for those updates.

It’s cold outside. Many in Gotham have no electricity or heat. We reported earlier this week that looting had already begun before the waters had drained from the streets. It’s generally understood that looting is illegal and immoral. But, are there cases where it is legally perfectly acceptable?

Hudson River Park Rapist Pioneers the Four Loko Defense

Jonathan Stewart is a rapist, and perhaps, a legal pioneer. Not just an alleged rapist, mind you, but someone who has already served seven years in a Virginia prison for robbery and sexual assault of a relative. Last month, he was arrested again for allegedly raping an a 21-year-old actress in Hudson River Park, reports the New York Post.

He’s also very confused. At the time of his arrest, he asked the cops, “Did I do something wrong?” Subsequent statements by Stewart indicate that he’s probably aiming for the intoxication defense. He claims that he had four or five Four Lokos, plus Grey Goose vodka, weed and K2. That’s a hell of a combo.

Denied Witch Doctor Witness, Man Pleads Guilty to Murder, Rape

"They put a curse on me ... They make you do anythings. Could make you die fast or go to jail. You always be mad and sad. This is a curs[e] ... There is something in my mind tell me you have to do this you have to anything bad make thing bad thing hurt people. I always think to make a suicide but I can't. I only think to get kill. I meet that girl Rita Morelli we was very friend for nine months before we have a relationship."

These were the words and planned defense of Bakary Camara, a man accused of murdering his ex-girlfriend in her East Harlem apartment in late 2011, reports the Daily Mail. Rita Morelli, 36, was found murdered after an anonymous caller with a distinctive accent called 911 and reported her body two days after she was killed. When police called all of her contacts in her phone, they recognized Camara's Senegalese accent and tracked down his address.

Teenage Pizza Boy Accused of Rape, Used Pizza to Get Past Doorman

Many Gothamites are up in arms over the emergence (and eBay sale) of master keys to the City of New York. These magical keys will get the bearer into many construction sites, city buildings, and other supposedly secure facilities. However, we’re thinking it’s a little overblown. After all, you don’t need keys to get into nearly any door in New York. Apparently, all you need is a pizza.

Sixteen-year-old Cesar Lucas already has a severe criminal record. According to the New York Daily News, Lucas was arrested back in August after he allegedly used his pizza delivery gig to get access to a W. 42nd St. apartment and stole a woman’s wallet and credit cards. Despite the arrest, he kept his job at Sal’s Pizzeria on 10th Ave.

Central Park Rape Suspect Arrested in Attack on Woman, 73

She is an avid bird watcher and regular visitor to the Strawberry Fields area in Central Park. She refers to it as "my park." She was bird watching the first time she came across her alleged attacker, 42-year-old David Albert Mitchell. She caught him masturbating in the park. She snapped a photo of him. He immediately threatened her and tried to seize her camera. She escaped unharmed.

A week later, the 73-year-old Upper West Side resident was again bird watching when Mitchell approached her and asked if she remembered him. He then allegedly raped her and slammed her face into the ground multiple times. In addition to the trauma, scrapes, and bruises, she also suffered a broken eye socket. Hours later, she told the New York Post: