New York Sexual Battery Laws

Sexual Battery in New York refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In New York, sexual battery is codified in the law as sexual abuse. According to the laws of New York;

• 1st Degree Sexual Abuse: he or she subjects another person to sexual contact:
  • By forcible compulsion; or
  • When the other person is incapable of consent by reason of being physically helpless; or
  • When the other person is less than eleven years old.
• 2nd Degree Sexual Abuse: when he or she subjects another person to sexual contact and when such other person is:
  • Incapable of consent by reason of some factor other than being less than seventeen years old; or
  • Less than fourteen years old.
• 3rd Degree Sexual Abuse: when he or she subjects another person to sexual contact without the latter’s consent

Penalties for Sexual Battery in New York 

The penalty for sexual battery classified as sexual abuse has the following sentencing guidelines:

• 1st Degree: Class D felony, up to 7 years in prison
• 2nd Degree: Class A Misdemeanor, up to 1 year in prison
• 3rd Degree: Class B Misdemeanor, up to 3 months in jail

Defense of a Sexual Battery in New York 

The list of defenses for Sexual battery in New York here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)
• For 3rd Degree Sexual Abuse, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

Attempted Sexual Battery in New York  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.