A New York Sex Crimes Lawyer said that, in a six-count indictment defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sex abuse in the third degree. As the crimes were allegedly committed on September 26, 1967, the prosecution was under the new Penal Law, which was enacted in 1965, effective as of September 1, 1967.
A New York Criminal Lawyer said that, at the outset of the trial, the prosecutor stated that the complainant would testify to completed acts of intercourse and oral and anal sodomy; that there was no corroboration of those acts; and that for that reason defendant had not been indicted for rape and sodomy. The prosecutor then consented to dismissal of the five counts charging robbery, larceny, assault, and endangering the welfare of a child; he did not consent to dismissal of the count charging sexual abuse in the third degree as he wished the appellate courts to have a clear-cut issue concerning the validity of a conviction on that count as to which the proof was of a consummated rape and sodomy and there was no corroboration of the complainant’s testimony. The trial court granted the defendant’s motion to dismiss the count of sexual abuse in the third degree, citing a previously decided case as authority. A New York Criminal Lawyer said that, the People have appealed, contending that corroboration is not needed to establish that crime.
The issue in the case is whether the defendant can now be convicted of the minor offense of sexual abuse in the third degree, despite the fact that the victim’s testimony establishes a consummated rape and there is no corroboration of her testimony.
We think the determination of the trial court was correct and should be affirmed. The crime of sexual abuse in the third degree is new, at least insofar as it applies to adults. In relevant part, it is defined as follows in section 130.55: ‘A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter’s consent. This crime is a class B misdemeanor, as further stated in this section, and so is punishable by a definite sentence not exceeding three months).
Section 130.00 of the Penal Law defines ‘sexual contact’ as ‘any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party.’ Sections 130.00 and 130.55 are parts of Article 130, which encompasses all sex offenses. Section 130.15 (also in Article 130) is entitled ‘Sex Offenses; corroboration’, and it reads as follows: ‘A person shall not be convicted of any offense defined in this article, or of an attempt to commit the same, solely on the uncorroborated testimony of the alleged victim. This section shall not apply to the offense of sexual abuse in the third degree’.
To Be Cont…..
Rape is a serious offense and there is a need for the representation of a counsel. Call us at Stephen Bilkis and Associates, our New York Criminal Attorney and New York Sex Crime Attorney can help you.