INSIGHTS

Home > Insights > Sex Crimes > New York Sex Crime Laws and Updates You Should Know

New York Sex Crime Laws and Updates You Should Know

by | Nov 16, 2020

Criminal charges related to sex crimes and sex offenses are among the most serious in New York State. 

As former NYC district attorneys, we prosecuted numerous sex abuse cases for more than two decades. We have seen how the laws evolved regarding sex crimes. As a defense firm staffed with NYC sex crimes lawyers, D’Emilia Law monitors legal developments related to sex offenses. 

NY sex crimes have been making headlines, and we can discuss how this impacts criminal defense. 

New York State Law

Section 130 of the New York Penal Code describes the terms of incarceration and fines that are used to punish sex offenses. Numerous crimes have sexual elements, but discussions of sex offenses focus primarily on:

  • Indecency with a child
  • Sexual assault/Rape
  • Aggravated sexual abuse (the term used in scenarios when the victim was age 11 or younger).
  • Lack of consent, sexual misconduct, forcible touching, and other actions.

The NY Child Victims Act and Related Updates

In 2020, Gov. Andrew Cuomo signed New York Senate Bill S2440, better known as the Child Victims Act (CVA). Some of its high-level provisions include:

  1. […] that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; 
  2. […] that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 55 years of age; 
  3. revives previously barred actions related to sexual abuse of children and grants civil trial preference to such actions;  
  4. eliminates the notice of claim requirements for such actions when the action is brought against a municipality, the state, or a school district.

In August 2020, Gov. Cuomo signed legislation extending the “lookback window” for victims to file claims under the CVA, regardless of when or how long ago the alleged abuse occurred. The legislation extends the special filing period under the CVA until Aug. 14, 2021.

The passage of the CVA is a major development when it comes to sex crimes in New York. According to one state senator, more than 3,000 alleged victims and complaining witnesses have come forward to file suits since the CVA was signed into law. 

Several high-profile claims have been made against members of the clergy, extracurricular group leaders, and educators, among others. For example, the criminal and civil charges against film producer Harvey Weinstein and actor Kevin Spacey were filed under the provisions of the CVA. 

The impact is being felt in civil courts as well. In 2018, the Diocese of Brooklyn had to pay a $27.5 million settlement to four plaintiffs who were allegedly sexually abused by a lay religion teacher. This was the largest settlement ever awarded to an individual sexual abuse victim in New York.

Being charged with a sex crime can be a paralyzing feeling. You have rights – do not take matters into your own hands and do not contact the complaining witness. The best course of action is to remain as calm as possible and contact a NYC sex crimes lawyer with deep experience handling such serious and life-changing matters. 

Each case is unique and the circumstances will always differ. Sex crime accusations are often characterized by one person’s word against another. And since decades could pass before the complaining witness comes forward, the accounts of the alleged acts are bound to contrast. The NYC sex crimes lawyer will assess if the complaining witnesses charge is credible, filed within the timelines offered by the law, and has any inconsistencies.  

D’Emilia Law maintains that an arrest is not the end of your life. It is not the same as a conviction. A strong and strategic defense can uphold your innocence, keep you out of jail and reduce your charges and fines. 

If you or a loved one has been charged with any crime in New York, contact D’Emilia Law, criminal defense lawyers in NYC, for a consultation.

D'Emilia - sexual assault
DWI

Types of DWI Offenses in New York State 

Being charged with the offense of driving while intoxicated can be stressful and overwhelming. However, it’s important to understand that the consequences you may face can depend upon the facts and circumstances surrounding the DWI — and the specific offense with...
Ghost Gun

Understanding New York’s Ghost Gun Laws

New York has some of the toughest firearms laws in the nation. While strict penalties are imposed for possessing an unregistered firearm, legislation was enacted in 2022 that strengthened the state’s laws regarding ghost guns. These types of guns are those that do not...
Search Warrant

What is a Search Warrant? 

Most people are aware that the police are usually prohibited from searching a premises or person without a warrant under the Fourth Amendment of the U.S. Constitution. A search warrant is a court order issued for the purpose of authorizing law enforcement to conduct a...
Warrantless

Is a Warrantless Search Ever Permissible?

The Fourth Amendment to the U.S. Constitution protects individuals from unlawful searches and seizures by law enforcement. As a general rule, before police can search your person, home, or vehicle, they must have probable cause for the search — and obtain a valid...
New York DWI Cases

Can the Necessity Defense Be Used in DWI Cases in New York?

Driving under the influence is a very serious offense in New York that requires a skillful and strategic defense. Critically, one of the defenses that may be available to those who have been charged with the offense of driving under the influence is the “necessity...
Subway Self-Defense

NYC Subway Incident Raises Complex Legal Questions Regarding Self-Defense

The recent New York City subway incident that resulted in the death of Jordan Neely made headlines throughout the nation. While there are still many facts that are not yet known, and various issues that will need to be determined at trial, the case raises many...

What is Possession of a Controlled Substance?

Possession of a controlled substance is a serious crime in New York that can come with severe consequences. Many of these offenses are charged as felonies and can come with a lengthy prison term, steep fines, and long-term ramifications. Not only can a conviction...
Drug Possession

What Defenses Can Be Used in a Drug Possession Case?

If you face charges for possession of a controlled substance, it’s crucial to understand that an arrest does not mean a conviction. While this offense is taken very seriously in New York, there are several defense strategies that can be used to fight the charges...
Marijuana DWAI

3 Important Things to Know About Marijuana DWAIs in New York

Many people are familiar with New York’s strict laws regarding driving under the influence of alcohol. However, it’s critical to be aware that the state also imposes harsh penalties on those who have been found guilty of driving under the influence of marijuana —...
DWI Mistakes

Common Mistakes to Avoid Making in Your DWI Case

A DWI is a serious matter in New York. While these situations can be stressful and overwhelming, many people are not sure what they should do or how they should proceed. Critically, there are certain mistakes that are commonly made which could impact your case and...