Crimes related to sexual behavior are serious crimes in any state. Common sex crimes include rape, sodomy, sexual contact, and sexual abuse. The punishment for these crimes varies based on the offense, but most are felonies and require registration on a state sexual offender registry. In addition to harsh punishments, a sex crime carries a stigma that can stain the reputation of the accused. Rosenblatt Law PC brings over 20 years of experience helping clients restore their good name in New York and New Jersey. At Rosenblatt Law PC, all clients are innocent until proven guilty and are treated with dignity and respect.
Sex Crimes: A Broad Category
Sex crimes cover a wide range of offenses that relate to inappropriate sexual behavior. These offenses include sexual assault or rape, criminal sexual contact or forcible touching, indecent exposure or lewdness, prostitution, and sexual abuse. While there are many different types of sex crimes, a good rule of thumb to determine whether a crime is a sex crime is whether punishment requires registration on a state’s sex offender registry.
Sexual Assualt or Rape
Sexual assault or rape requires sexual penetration of another person without consent. Sexual assault requires special circumstances, such as the use of force or a deadly weapon; unconsciousness, incapacitation, or other physical limitation; or where the actor is in a position of authority or is a parent or guardian.
Criminal Sexual Contact or Forcible Touching
Criminal sexual contact involves touching a victim or oneself in the victim’s view in intimate parts without consent. The purpose must be to degrade or humiliate the victim or cause sexual arousal or gratification to the actor.
Indecent Exposure or Lewdness
Indecent exposure or lewdness is the exposure of genitals to cause sexual arousal or gratification without consent. Although not as serious as other sex crimes, indecent exposure or lewdness should not be taken lightly as the charge can lead to being labeled a sex offender.
Prostitution
Prostitution is the exchange of sexual favors for money or something of economic value. There are two sides to prostitution, offering services, and paying for services. Offering services generally carries greater punishment.
Child Sexual Abuse
Sexual abuse involving children involves a variety of activities, from inappropriate touching to rape of a person under the age of 16. Those under the age of 18 are often deemed unable to consent to sexual activity, and punishments are often increased when the victim is a minor.
Consent in a Sex Crime
A person’s consent is an essential factor in determining whether the accused has committed a sex crime. Almost all sex crimes, like rape or sexual assault, involve an act that occurred without the victim’s consent. Consent may often be a difficult concept. A person may consent to some actions but not to the progression of other acts. Other times, a person may have consented to the act but later changes his or her mind. Regardless of the fluidity of consent, the law generally recognizes an act occurs without consent when:
- Physical force, threat of violence, or coercion are used;
- The victim is unconscious or physically unable to resist the accused’s acts;
- The victim is mentally incapable of consenting to the behavior;
- The victim is a minor;
- The victim is unknowingly under the influence of a chemical substance;
- The accused is a public servant using his or her position of authority to coerce the victim into the act; or
- The accused is a physician, clergyman, correctional officer, or another person in a position of authority, taking advantage of his or her position to coerce the victim into the act.
Showing the prosecution cannot meet the required element of lack of consent is one defense to charges for many sex crimes.
Punishment for a Sex Crime
Prison Sentences
Sex crimes are very personal and often carry with them harsher punishments. The majority of sex crimes are classified as felonies or indictable crimes rather than misdemeanors or disorderly person offenses. Felonies or indictable crimes usually involve the punishment of at least one year in prison. Depending on the circumstances of the offense, sentences could range from 1 year to up to 20 years in prison.
Sex Offender Registry
In addition to serving prison time, most states require that any person convicted of a sex crime register as a sex offender in the state after release from prison. This requires registering in a database maintained by state law enforcement, and a registered offender must follow strict guidelines that impact daily life, such as where you can live, who you may associate with, and activity you may participate in on the Internet. Finally, registering as a sex offender may impact your ability to work in jobs that interact with the public and children.
Consult with an Experienced Sex Crime Defense Attorney
An arrest or criminal investigation is a stressful time in anyone’s life. You need to be able to turn to a trusted advisor for answers. Rosenblatt Law PC’s experience in working with clients accused of sex crimes ensures your rights are protected. If you are charged with a sex crime in New York or New Jersey, contact Rosenblatt Law PC today to discuss your case.
Rosenblatt Law PC is located in Hackensack, NJ and represents clients throughout Northern New Jersey and the New York metro area, including the five boroughs of NYC, Rockland and Westchester counties, as well as Bergen, Essex, Hudson, Morris, Passaic, Sussex and Union counties.
