Syracuse Laws on Rape Allegations
By its most basic definition, a rape is any nonconsensual instance of sexual intercourse. However, depending on the person’s age, mental state, and the presence of any force, rape allegations can vary in severity.
New York Penal Law §130.25 defines rape in the third degree as any sexual intercourse with a person who cannot consent for a reason other than age. It also applies when a person over the age of twenty-one engages in sex with a person under the age of seventeen. These allegations are a class E felony and should be addressed with a Syracuse rape lawyer.
A charge of rape in the second degree, as described in NYPL §130.30, could apply when any person over the age of eighteen engages in sexual intercourse with a person under the age of fifteen. A person may also be charged if the alleged victim was unable to consent due to mental disability. Convictions here are a class D felony.
Finally, rape in the first degree is the most severe rape allegation codified in New York Penal Law. According to NYPL §130.35, first-degree rape involves forcing someone to have sex, having sex with someone who is physically helpless, or someone of any age having sex with anyone under the age of eleven.
Criminal Penalties for Rape
The potential penalties for an act of rape may vary depending on the criminal degree of the allegation. For third-degree rape, a maximum prison sentence of four years may apply, but it is worth noting that there is no mandatory minimum sentence. However, second and first-degree charges do carry a mandatory minimum prison sentence, and a conviction on charges of first-degree rape may result in a maximum sentence of up to 25 years in the case of the latter charge.
In addition to a potential prison sentence, the law requires anyone convicted of any degree of rape to register as a sex offender upon release. Being on this registry could prevent you from having many jobs, limit where you can live, and may mandate public notice of your conviction and current address.
