Manhattan sex abuse attorneys Russ Kofman and Arthur Lebedin publish a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/sex-crimes/sexual-abuse/) discussing the term Legal Forcible Compulsion. The lawyers say in the article that a person is guilty of first-degree sexual abuse under New York state law if they coerced another into sexual contact.
“Under section 130.00(3) of the New York State criminal law, sexual contact means any contact with a person’s sexual or intimate parts for the purpose of satisfying the sexual desire of the person. either party. This includes the victim touching the actor as well as the actor touching the victim. Touching can be direct or through clothing and can include the emission of ejaculate by the actor on any part of the victim, whether clothed or not,” the article from the Manhattan Sexual Abuse Lawyers reads.
Lawyer Russ Kofman explains that forced restraint is defined as intentional coercion either by (1) the use of physical force or (2) a threat, express or implied, that causes another person to fear death. or physical injury. In order to charge the accused with this crime, prosecutors must prove two things. These elements include the fact that the defendant subjected the plaintiff to sexual behavior and that he did so without the plaintiff’s consent by resorting to coercion.
Attorney Arthur Lebedin also adds that in New York State criminal law, sexual contact means any form of contact with a person’s sexual or intimate parts for the purpose of satisfying one’s sexual desire. or the other of the parties. Also, a person is physically helpless when they are unconscious or physically unable to communicate their refusal.
In the article, the two lawyers mention that if a person guilty of sexual abuse is over 21 and the person with whom they have sexual contact is under 13, they will be charged with a class D crime. .
According to attorney Kofman, “sexual contact takes place without the consent of another when that person is deemed incapable of consent by law. A person is incapable of consenting to sexual contact when they are under 13 years of age. New York State criminal law considers sexual contact with a person under the age of 13 to be without that person’s consent, even if in fact that person has consented to it.
Finally, Attorney Kofman emphasizes the importance of having a qualified attorney when faced with sexual abuse charges. An experienced lawyer may be able to help the accused understand their rights and protect their liberty.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned and aggressive litigators who handle cases in state and federal courts. Together they run the law firm Lebedin Kofman. They handle civil rights cases as well as family law, high net worth divorce and highly contested custody cases. Attorney Kofman and Attorney Lebedin believe in their clients and work hard to defend their rights and help them achieve the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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