Manhattan Sexual Abuse Attorneys Russ Kofman and Arthur Lebedin Explain the Term Forcible Compulsion
April 28, 2022 at 16:21
Manhattan sexual abuse attorneys Russ Kofman and Arthur Lebedin release a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/sex-crimes/sexual-abuse/) discussing the legal term Forcible Compulsion. The lawyers say in the article that a person is guilty of sexual abuse in the first degree under New York State Law if they subject another person to sexual contact by forcible compulsion.
“Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed,” says the article by the Manhattan sexual abuse attorneys.
Attorney Russ Kofman explains that forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force, or (2) by a threat, express or implied, that places another person in fear of death or physical injury. In order to charge the defendant with this crime, the prosecutors must prove two elements. These elements include that the defendant subjected the complainant to sexual conduct and that the defendant did so without the complainant’s consent by use of forcible compulsion.
Attorney Arthur Lebedin also adds that in New York State Penal Law, sexual contact means any form of touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. Also, a person is physically helpless when they are unconscious or for any reason are physically unable to communicate their unwillingness.
In the article, both attorneys mention that if a person guilty of sexual abuse is over 21 years old and the person they engage in sexual contact with is less than 13 years old, they will be charged with a Class D felony.
According to attorney Kofman, “Sexual contact takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual contact when he or she is less than 13 years old. New York State Penal Law deems sexual contact with a person under 13 years of age to be without that person’s consent, even if in fact that person did consent.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of sexual abuse. 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.
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26 Broadway 3rd floor, New York, NY 10004, United States