What Is Considered Sexual Assault in Long Island, NY?

Facing sexual assault charges can be an incredibly overwhelming and discouraging undertaking, especially when you did not expect to be accused. While you may feel isolated and confused, hiring a Long Island sexual assault defense lawyer can help you get your case on track, as well as get answers to questions like, “What is considered sexual assault in Long Island, New York?”

What Is Considered Sexual Assault in Long Island, New York?

It is estimated that every 74 seconds, someone is sexually assaulted in the United States. In 2024, New York Governor Kathy Hochul signed the “Rape is Rape” bill into law, declaring that any non-consensual sexual contact would be classified as rape in the Empire State moving forward. However, calculating the total number of cases is difficult, as an estimated 63% of sexual assaults go unreported.

An Overview of Consent in New York

The main aspect in determining the validity of a sexual assault case tends to be whether or not there was a lack of consent, which can be established in several ways, including the following examples: 

• Age. Anyone under the age of 17, per NYS Penal Law Article 130, Sex Offenses, has been legally determined to be unable to consent to sexual activity in New York. Even if the individual under age 17 verbally consents to sexual activity, the law will consider said consent invalid due to their age.
• Forcible compulsion. Forcible compulsion means that a person has been made to participate in a sexual act through either physical force or through implied or expressed threats of violence, including immediate death, physical harm, and/or kidnapping. This is because any potential verbal consent was given under duress and is therefore invalid.
• Incapacity to consent. When the victim is unable to consent due to a mental incapacity, mental disability, or because they are physically helpless or unconscious, it is considered sexual assault to perform a sexual act. This is because the person is not in a mental and/or physical state to offer true consent or understand it.

A Breakdown of Sexual Assault Charges in New York

Sexual assault is an umbrella term that refers to charges that are ranked based on the severity and nature of the alleged crime. Some of the specific offenses that fall under this generalized label include the following examples:

• Aggravated sexual abuse
• Course of sexual conduct against a child
• Criminal sexual act
• Forcible touching
• Predatory sexual assault
• Sexual abuse
• First-degree rape, which is the most severe charge, as it involves a victim who is physically helpless, under 11 years old, or under 13 with the perpetrator aged 18 or older.

Why Should I Hire a Sexual Assault Lawyer in New York?

There are many reasons you may want to hire a sexual assault lawyer, especially if you feel overwhelmed at the prospect of handling your case alone. One of the benefits of having a lawyer is that you can avoid the stress and confusion you may otherwise experience when trying to navigate the complex world of criminal law in New York.

It is common for sexual assault cases to go to trial, which means that your case will most likely be sorted out at either the Suffolk County Court (Criminal Division) or the Nassau County Supreme Court (Criminal Division). Your lawyer can help you handle scheduling, as well as prepare and present your case on your behalf. Having a skilled lawyer handle your case can also prove instrumental in achieving your desired outcomes.

Why Should I Choose the Law Office of Jonathan Savella to Represent Me in My Sexual Assault Case?

At the Law Office of Jonathan Savella, we work hard to help you avoid a conviction for sexual assault. Defending you and your rights from the start of your case to the end, we make it our goal to tailor your case to your needs, helping you gather evidence and build a case, while also doing everything we can to protect you from injustice and/or mistreatment.

Instead of struggling through your legal case alone, allow our legal team to help you build a strong defense and protect you from potential miscarriages of justice.

FAQs

Q: How Much Does It Cost to Hire a Sexual Assault Defense Lawyer in New York?

A: In New York, the cost of hiring a sexual assault defense lawyer tends to vary from case to case. There are several different factors that can uniquely influence your final price, including the amount of time your case requires to resolve your case, who you hire to represent you, and the level of complexity your case presents.

Q: Can I Represent Myself in My Sexual Assault Case in New York?

A: Yes, it is perfectly legal for you to represent yourself in a sexual assault case in New York, but many individuals have found that having the added help and guidance of a Long Island sexual assault defense lawyer can be incredibly beneficial and can even influence the outcome of your case.

Q: Should I Tell My Sexual Assault Lawyer Everything?

A: It is always better to give your sexual assault defense lawyer every detail you can recall about what led up to being charged, even if you feel embarrassed or are worried that details could negatively impact your case. This may be hard, but in the long run, it enables your lawyer to prepare your case more thoroughly, and it can protect both you and them from unexpected surprises the prosecution may throw your way.

Q: When Should I Hire a Sexual Assault Lawyer to Represent Me in New York?

A: One of the smartest moves you can make is hiring a sexual assault defense lawyer immediately after being charged with the crime. In addition to representing you in court, having a lawyer on your side can help protect you from miscarriages of justice. Even law enforcement officers with the right intentions may get lost in things like confirmation bias or mishandle the evidence in your case. Having a lawyer can increase the likelihood of success in your case.

Get More Information Today

Contact the Law Office of Jonathan Savella today to schedule a consultation and see how we can help you handle your sexual assault case.