Sex crimes are considered among the most severe and heinous in the state of New York and the United States, in general. One of the most serious sex crimes per New York’s criminal code is predatory sexual assault. Along with one other crime, predatory sexual assault is charged as a class A-II felony. If a person is convicted of this crime, they can spend the rest of their life in prison.
What is Predatory Sexual Assault as Per the New York Penal Code 130.95?
As per New York’s Penal Code 130.95, a person is considered guilty of committing predatory sexual assault if they do any of the following:
• Commit the crime of rape in the first degree, aggravated sexual abuse in the first degree, criminal sexual act in the first degree or sexual conduct against a child in the first degree while also seriously injuring a victim or threaten them with the use of a dangerous instrument
• Commit at least one sex crime against more than one person
• Have a prior felony conviction for a sex offense, use a child in a sexual performance or for incest
An example of predatory sexual assault is a man who forces a woman to perform oral sex on him and then forces her to anal intercourse. However, sometime later, this man assaults another woman and forces sexual intercourse on her. Those actions would constitute predatory sexual assault due to the individual using force on two different women he sexually assaulted. The two crimes would be considered criminal sexual act in the first degree and rape in the first degree. As a result, the man could be charged with predatory sexual assault since he sexually assaulted two different people.
Possible Defenses for Predatory Sexual Assault in New York
There are certain defenses that could be used in a case where someone is charged with predatory sexual assault. First of all, the defendant would need a skilled criminal defense attorney to represent them in court due to the charges being very serious. A possible defense would involve eliminating the elements of the sex crime. For instance, if the individual is being accused of rape in the first degree based on the use of force, the defense could argue and show that the sexual act was actually consensual. Another possible defense the defense attorney could bring forth is to show that the alleged victim was not seriously injured during the act.
Sentence for Predatory Sexual Assault in New York
The crime of predatory sexual assault is viewed as extremely heinous. As a result, a person who is convicted of this crime can expect to receive many severe penalties. Overall, they can expect to be sentenced to prison, be required to register as a sex offender and be closely supervised by a parole officer after their release from prison.
In general, the maximum sentence for predatory sexual assault is life in prison. If the individual convicted of the crime does not have any prior criminal history, however, the minimum sentence they can receive would be 10 to 20 years in prison. If the person has one prior felony offense on their record, they could receive a minimum of 15 years in prison. Individuals who are repeat felony offenders can be sentenced to a minimum of 25 years in prison. Then, once they are released, they would be required to receive post-release supervision.
In addition, a person convicted of the crime of predatory sexual assault is also required to register as a sex offender as per the Sex Offender Registration Act (SORA).
Summary of Predatory Sexual Assault Per New York Penal Code 130.95
A person commits predatory sexual assault when they commit rape in the first degree, aggravated sexual abuse in the first degree, criminal sexual act in the first degree or sexual conduct against a child in the first degree and the following is in place:
• The person causes serious physical injury to the victim
• The individual uses a dangerous instrument or threatens to use it against the victim
• The person has committed a sex crime against more than one person in the first degree
• The individual has a prior felony conviction on their record, has used a child in a sexual performance or has committed incest