In New York, you are guilty of sexual abuse is when you subject another person to sexual contact without that person's consent. Sexual abuse is charged in degrees of severity with third degree being the least severe and first degree being the most severe. Sexual abuse in the third degree carries a sentence of up to 90 days in jail.
Sexual abuse in the second degree, where the lack of consent to sexual contact is due to the victim being unable to provide consent, is punishable by up to 1 year in jail and sex offender registration. Sexual abuse in the first degree is where the unwanted sexual contact occurs with the use of force, while the victim is incapacitated, or under age.
Sexual abuse in the first degree carries up to 7 years if there are no prior felony convictions. Unwanted sexual contact is the core concept of what sexual abuse charges target. This unwanted contact can occur when someone allegedly takes advantage of a crowded subway car and subjects another person to unwanted sexual contact. It can become more serious, and get charged as sexual abuse in the second degree, if the victim is unable to provide consent, such as because they are intoxicated.
The most serious version, sexual abuse in the first degree, can happen when unwanted sexual contact is accompanied with physical force or the threat of physical force.
Sexual abuse is often charged along with other sex crimes such as forcible touching, rape, aggravated sexual abuse, predatory sexual assault, or other sex crimes. It can even be charged along with non-sex crimes such as assault, harassment, or other crimes. With any sexual abuse case, we are prepared to take immediate steps to investigate the allegations and analyze the legality of the charges.
