Sex Crime: Rape
Penalties of Rape
Rape is a major sex offense, carrying severe criminal penalties and a major social stigma. If you have been accused, you can expect to be targeted with vigorous prosecution, and it is absolutely vital that you take decisive action early after your
arrest to maximize your chances of a favorable outcome. My name is The Law Office of John M. Cromwell, and I have been practicing as a White Plains criminal defense lawyer since 1988, defending individuals charged with everything from minor
theft crimes to
murder. I urge you to contact me as soon as possible to discuss the situation and to allow me to begin work on a plan for helping you avoid the dire consequences you face.
Third, Second and First Degree Rape
State law recognizes three degrees of rape, and the penalty you stand to receive upon conviction depends on which has been charged in your case:
- Rape in the third degree occurs when the perpetrator is over 21 and the victim is under 17, or when the victim has not in any way consented to the act. It is a Class E felony, punishable by up to 4 years in prison.
- Rape in the second degree involves intercourse between someone over the age of 18 and a victim under 15 years old, or it may be charged if you had sex with a person whose mental disability or incapacity made consent impossible. It is a Class D felony, carrying a penalty of up to 7 years in prison.
- Rape in the first degree is sexual intercourse achieved through forcible compulsion, when the victim is physically helpless, when the victim is less than 11 years old or when the victim is under 13 and the perpetrator is over 18. It is a Class B felony, with a maximum sentence of 25 years in prison.
Your punishment would not end when you finished your sentence, as you would most likely be required to register as a sex offender, making your photograph, home and work address and details regarding your conviction and the age of the victim available on the internet. A rape conviction could ruin your future, and you deserve to have an aggressive advocate fighting to protect your rights. I speak Spanish fluently, and will listen to your side of the story. With careful preparation and an examination of every aspect of the situation, it may be possible to exonerate you, or to have the charges reduced or dismissed.