Rape is one of the most severe accusations that can be leveled against an individual. This is because of both the immediate physical damage as well as long lasting psychological effects that rape victims endure. Those convicted of rape face mandatory lengthy state prison sentences. In addition to prison, those convicted of rape must also register as sex offenders, and as such are subject to all the requirements of the Sex Offender Registration Act. That being said, there are instances, where allegations of rape turn out to be falsely reported. Roughly 2-7% of all rape cases reported nation –wide turn out to be false accusations. In these instances, those accused face an uphill battle, due to the veracity of which the government prosecutes rape cases.

[1]

In Rochester, there are three degrees of rape, all of which are considered violent felonies. Rape occurs when an individual has sexual intercourse with another without the other’s consent. Under New York law there are certain individuals who can never be found to have consented to sexual intercourse, such as those under seventeen (17) years old, those who are mentally disabled, or those who are incapacitated. The distinguishing factor between the different degrees of rape is the age of the person alleged to have been raped, the mental or physical condition of the person alleged to have been raped, and the means by which the accused individual is alleged to have used to rape someone.[2]

Rape 3rd degree is commonly known as “statutory rape” because an individual who is twenty-one (21) years of age or older may be charged with rape 3rd degree for having sexual intercourse, even if consensual, with another who is below the age of seventeen (the age of consent in New York). Rape is elevated to 2nd degree when an individual who is eighteen (18) years of age or older engages in sexual intercourse with another who is less than fifteen (15) years old, or is mentally disabled/incapacitated. Rape is elevated even further, to 1st degree when an individual engages in sexual intercourse with another by use of force, or threat of immediate death, or if the other is less than eleven years old.[3]

As mentioned above, every degree of rape in New York is a felony, punishable by significant state prison time. Rape 3rd degree is an “E” violent felony, punishable by a mandatory state prison sentence of up to four (4) years, and with a fine of $5,000. Rape 2nd degree is a “D” violent felony, punishable by a mandatory state prison sentence of up to seven (7) years and with a fine of $5,000. Rape 1st degree is a “B” violent felony, punishable by a mandatory state prison sentence of up to twenty-five (25) years, and with a fine of $5,000.[4] In addition to the penalties required by the Penal Law, a conviction for any degree of rape subjects an individual to the requirements of the Sex Offender Registration Act, thus they must register as a sex offener.[5]

Rape 3rd Degree (PL 130.25) in Rochester

A person is guilty of rape in the third degree when:

  1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
  2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
  3. He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape 2nd Degree (PL 130.30) in Rochester

A person is guilty of rape in the second degree when:

  1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
  2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape 1st (PL 130.35) in Rochester

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

  1. By forcible compulsion; or
  2. Who is incapable of consent by reason of being physically helpless; or
  3. Who is less than eleven years old; or
  4. Who is less than thirteen years old and the actor is eighteen years old or more.

Conclusion

As mentioned above, rape victims suffer both physical pain as well as long lasting psychological damage. It is because of the severity of a rape it’s self that every rape accusation is pursued vigorously by the government, and unfortunately this sometimes results in those who are falsely accused getting convicted. Luckily with advances in how DNA is analyzed, false rape convictions happen less and less, but the fact remains they do happen, and those who are falsely accused face the full power of the criminal justice system. It is important that anyone who faces a situation like that contact an experienced team of attorneys immediately.

[1] https://www.washingtonpost.com/news/fact-checker/wp/2014/12/09/the-truth-about-a-viral-graphic-on-rape-statistics/
[2] New York Penal Law Article 130
[3] New York Penal Law Article 130
[4] New York Penal Law Title E
[5] New York Correction Law Article 6-C