Rape in the Third Degree – NYPL § 130.25

Rape in the Third Degree -
NYPL § 130.25

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New York Penal Law § 130.25 defines Rape in the Third Degree as an instance when sexual intercourse occurs without consent and under circumstances that do not meet the criteria for more severe charges of first or second-degree rape. It specifically addresses situations where consent is not present due to incapacity, or the victim is under seventeen and the perpetrator is over twenty-one, among other conditions.

If you have been charged with Rape in the Third Degree, the steps you take immediately after can significantly influence the outcome of your case. At Lebedin Kofman LLP, we are committed to providing robust legal defense for our clients. Our experienced New York sex crimes lawyers understand the gravity of these accusations and are prepared to work tirelessly to protect your rights and aim for the best possible resolution.

Contact Lebedin Kofman LLP today to discuss your case. We are here to listen to your side of the story, explain your legal options, and develop a strategy to preserve your future. Don’t face these charges alone; let us stand with you and fight for your rights. Reach out now for a consultation to take proactive steps in your defense.

Hypothetical Example

Consider a scenario where James, a 22-year-old individual, engages in sexual intercourse with Jane, who is 16 years old. Both met at a party, and Jane appeared to reciprocate interest. However, under New York law, Jane cannot legally consent to sexual intercourse due to her age, despite the apparent mutual interest. If prosecuted, James could be charged with Rape in the Third Degree due to the age difference and Jane’s legal inability to consent.

Elements and Definitions

Rape in the Third Degree occurs under several circumstances defined by the law. The key elements of this offense include:

Engaging in Sexual Intercourse: There must be an act of sexual intercourse, which the law defines as penetration, however slight.
Age or Consent Issues: This offense is typically characterized by:
- Sexual intercourse with a person who is incapable of consent due to being under 17 years old, and the perpetrator is 21 years old or older.
- Sexual intercourse with another person without consent.

Consent must be affirmative and ongoing throughout the sexual encounter. Consent is considered absent if the person is deemed incapable of giving it due to age, mental incapacity, or under the influence of alcohol/drugs to the extent that they cannot make a reasoned decision.

Possible Legal Defenses

Defending against a charge of Rape in the Third Degree can involve several legal strategies, including:

Consent: Arguing that the alleged victim was capable of and did give consent.
Mistake of Age: In some cases, the defendant may argue that they reasonably believed the victim was over the age of consent, although this defense is typically challenging to prove.

Penalties

Rape in the Third Degree is classified as a Class E felony in New York, which can carry significant penalties including:

Imprisonment: Up to 4 years in prison.
Probation: Possible probation of 10 years for first-time offenders, with the extended timeline due to third-degree rape being a felony and a sex crime.
Fines: A person convicted of Rape in the Third Degree can be imposed fines of up to $5,000.
Sex Offender Registration: Conviction may require registration as a sex offender under SORA, which has long-term social and legal consequences.

New York Penal Law § 130.25: Rape in the Third Degree

A person is guilty of rape in the third degree when:

He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony.

Amendments to the Law

It is important to note that this version of the law will only be effective until September 1, 2024. From September 1, 2024, an updated version of the law will take into effect, as follows:

A person is guilty of rape in the third degree when:

He or she engages in vaginal sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
He or she engages in oral sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
He or she engages in anal sexual contact with another person who is incapable of consent by reason of some other factor other than being less than seventeen years old;
Being twenty-one years old or more, he or she engages in vaginal sexual contact with another person less than seventeen years old;
Being twenty-one years old or more, he or she engages in oral sexual contact with another person less than seventeen years old;
Being twenty-one years old or more, he or she engages in anal sexual contact with another person less than seventeen years old;
He or she engages in vaginal sexual contact with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent;
He or she engages in oral sexual contact with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent; or
He or she engages in anal sexual contact with another person without such person’s consent where such lack of consent is by reason of some factor other than the incapacity to consent.

Rape in the third degree is a class E felony.

Take Control of Your Future with Skilled Legal Guidance From Lebedin Kofman LLP

Understanding your legal position when charged with Rape in the Third Degree under New York Penal Law § 130.25 is crucial. Such charges carry significant consequences that can affect every aspect of your life. Clear understanding of the law, coupled with strong legal representation, is essential for anyone facing these serious allegations.

At Lebedin Kofman LLP, we recognize the gravity of your circumstances and are dedicated to providing steadfast legal support. If you find yourself or a loved one facing such charges, it’s important to act swiftly and seek competent legal help.

Contact Lebedin Kofman LLP today at (646) 663-4430 to set up a consultation. We are here to listen to your story, explain your rights, and discuss how we can assist you in mounting a vigorous defense.

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