NYC Forcible Touching Defense Attorney
Forcible Touching Charges In New York City
Sosinsky Law is dedicated to fighting for those that are facing false charges of sex crimes in New York City. We understand that being charged with a crime, let alone a sexual crime, can be one of the most nerve-wracking experiences someone may go through in their lifetime. Your freedom and reputation are at stake—that’s why we will work tirelessly on your behalf to get you the best possible outcome for your case. Apart from bars and cells, registering as a sex offender is an unattractive option for anyone given the other possible sentencing options, making it another great reason to consult with and hire an experienced NYC forcible touching defense attorney. Contact our office today for a free consultation and to learn more about how we can help.
What Is Forcible Touching?
The New York Forcible Touching Charge, located in New York Penal Law Section 130.52, involves forcing sexual contact upon another person without their consent. This act became a criminal offense in 2000, prior to which there were no laws against it. As of late, these forcible touching charges in New York are becoming more and more prevalent.
Forcible Touching in New York can be classified under two Penal Law sections. First, is if someone touches another person’s intimate parts without consent (Section 130.52(1)). The second is unwanted sexual contact on public transit (Section 130.52(2)). Even if circumstances make it appear the victim allowed the conduct, Forcible touching still takes place without a person’s full and clear consent.
The New York Forcible Touching charge is unique from the other Sex Offenses listed in the New York Penal Law, such as sexual abuse. Unlike those crimes, there are no age restrictions or limitations on relationships between defendants and witnesses. This is because the forcible touching provision was passed by legislators at a later date than when the other sex crimes were conceived. If you’re facing sexual offense charges for unwanted touching, then contact our NYC forcible touching defense attorney today for a free consultation and to discuss your case further.
Forcible Touching of Another Person’s Intimate Parts
According to New York Penal Law Section 130.52(1), an individual commits Forcible Touching if the person:
- Intentionally, and for no legitimate purpose
- Forcibly touches the sexual or other intimate parts of another person
- For the purpose of degrading or abusing such a person, OR for the purpose of gratifying the actor’s sexual desire. This subsection refers to the person’s mens rea, or the culpable mental state.
The Courts have held that any bodily contact involving some application of pressure when done with the required mental state needed for a crime.
What Is Considered To Be an Intimate Body Part?
New York Courts have broadly defined what qualifies as an intimate body part. This is because they reason that the definition of an intimate body part is much broader than a sexual body part for a New York Forcible Touching charge. Furthermore, when considering if a certain body should be considered intimate, courts look at how the contact was made with said body part. Below are examples of sexual or intimate parts of the body that would result in New York Forcible Touching Charges:
- Interior Part of the Person’s Mouth (People v. Rivera, 138 Misc. 2d 570 (Bronx County 1988))
- Navel (People v. Belfrom, 124 Misc. 2d 185 (Queens County 1984))
Potential Defenses For Forcible Touching Charges In New York
The prosecutor could choose to charge the person with forcible touching, which would require proving a lack of consent. However, if it can be proved that there was consent that led to the touching, then charges may be dropped completely.
Absence of Intent
If you can show that the act was unintentional or accidental, then it may be more difficult for the prosecutor to build a case against forcible touching. If it is proven that there was no sexual intent involved in the act, then there is a possibility of dismissal for forcible touching charges. The absence of intent can be difficult to prove, even if the claims are completely made up. That’s why it’s critical to have an experienced NYC forcible touching defense attorney who has represented these types of charges in the past and understands how to best defend against them.
In addition to the aforementioned defenses, there may be others you can use that are particular to your case. For example, if you were misidentified or if the statute of limitations has passed, you could still have a defense. Call Sosinsky Law today to speak with our skilled NYC forcible touching defense lawyer today.
Contact Our NYC Forcible Touching Defense Attorney Today
If you are accused of touching someone without their consent, it is crucial to seek the legal help of an experienced NYC forcible touching defense lawyer. Having an attorney by your side through these charges can mean the difference between having a strong defense strategy and not. A good criminal defense lawyer may also be able to help you get the most favorable outcome possible. Sosinsky Law has been representing those falsely accused of sex crimes for decades and has the knowledge and experience needed to help you beat the case. Contact our office today for a free consultation and to learn more about how we can help.