New York City Sexual Misconduct Attorneys Arthur Lebedin and Russ Kofman Discusses a Person’s Incapacity to Consent

June 06, 2022 at 16:47

New York City sexual misconduct attorneys Arthur Lebedin and Russ Kofman release a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/sex-crimes/sexual-misconduct/) describing a person's inability or inability to consent in a case involving sexual misconduct. New York law holds that sexual misconduct is committed by any person who engages in sexual intercourse without consent from the other person. They will face penalties for a Class A misdemeanor if a person is found guilty.

According to the New York City sexual misconduct attorneys, “Under 130.05 of the New York State Penal Law, sexual intercourse takes place without a person’s consent when there is a lack of consent to the sexual intercourse as a result of forcible compulsion. Forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force; or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself or another person or in fear that he or she or another person will immediately be kidnapped.”

New York City sexual misconduct attorney

Attorney Arthur Lebedin explains that for someone to be found guilty of this offense, the prosecution must be able to show that the defendant engaged in sexual intercourse with the complainant. Another matter that needs to be proved is that the defendant coerced the victim to do the act by using forcible compulsion.

Criminal defense attorney Russ Kofman adds that sexual misconduct happens when a defendant engages in sexual intercourse with another person without their consent or when the law deems the person incapable of consent. For a person to be declared incapable of consenting, there are a few things that need to be considered. These factors include age below 17 years, mental disability or incapacity, and physical helplessness.

In the article, the lawyers explain that a person who is mentally disabled can be defined as someone with a mental defect or disease that renders them incapable of assessing their actions. A person who is mentally incapacitated means that a person is temporarily incapable of assessing or controlling their conduct because of the influence of narcotics or other intoxicating substances.

“It is not a defense to a charge under 130.20(1) that the actor did not know that the person with whom the actor had sexual intercourse was less than 17 years old. Additionally, it is not a defense that the actor believed such person was 17 years old or more on the date of the crime,” says attorney Arthur Lebedin.

Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing a charge of a Course of Sexual Conduct Against a Child. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.

About Lebedin Kofman LLP

Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. 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 fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.

Lebedin Kofman LLP

26 Broadway 3rd floor, New York, NY 10004, United States

(646) 663-4430

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For more information about Lebedin Kofman LLP, contact the company here:

Lebedin Kofman LLP
Arthur Lebedin
(646) 663-4430
26 Broadway 3rd floor, New York, NY 10004, United States

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