Rape

Rape Attorney in New York

Accused of a Sex Crime in New York? Don’t Face It Alone

Facing charges related to rape can be one of the most daunting experiences in a person's life. At Raiser and Kenniff, P.C., we are dedicated to providing comprehensive & strategic defense for individuals dealing with such charges in New York. Our team of experienced attorneys, including former prosecutors, brings over 100 years of combined experience to the table.

Under New York state law, rape is typically charged as a felony, carrying potential sentences that include lengthy prison terms, hefty fines, & mandatory registration as a sex offender. The nuances of these charges often depend on factors such as the accused’s past criminal history, the circumstances surrounding the incident, & whether additional charges are involved.

Given the complexity of these cases, it is critical to have a skilled rape defense attorney in New York on your side. At Raiser and Kenniff, P.C., we focus on building a robust defense strategy tailored to each client’s unique circumstances. Our attorneys meticulously review the details of your case, challenge evidence, & work to present all mitigating factors to the court.

Speak with an experienced New York rape attorney in a free, confidential consultation. We're here to fight for you—call (888) 646-0025 today or contact us online to discuss your case discreetly & without judgment.

Understanding Rape Charges in New York

New York Penal Law defines rape under Article 130, which includes various degrees of criminal conduct based on the circumstances & the age or capacity of the alleged victim. The law outlines different offenses related to non-consensual sexual activity, including rape in the first, second, & third degrees.

Degrees of Rape Under New York Law:

Rape in the First Degree (Penal Law §130.35):

Occurs when a person engages in sexual intercourse:
By forcible compulsion, or
With someone who is physically helpless, or
With someone under the age of 11, or
With someone under 13, when the actor is 18 or older
Classified as a Class B felony and punishable by up to 25 years in prison.

Rape in the Second Degree (Penal Law §130.30):

Sexual intercourse with a person under 15 years old when the defendant is 18 or older, or
With someone who is mentally disabled or incapacitated
A Class D felony, carrying up to 7 years in prison.

Rape in the Third Degree (Penal Law §130.25):

Lack of consent where the victim is incapable of consent for reasons other than age, or
Victim is under 17 & the defendant is over 21, or
Lack of consent without forcible compulsion (e.g., coercion or imbalance of power)
A Class E felony, with up to 4 years of incarceration.

Each degree carries long-term legal & collateral consequences. A New York rape defense lawyer analyzes the degree charged, the specific allegations, & the prosecution’s burden of proof to begin building a defense.

Your Legal Defense in New York Backed by Proven Experience

Our team at Raiser and Kenniff, P.C. is uniquely equipped to handle rape defense cases because of our background as former prosecutors. This provides a strategic advantage, allowing us to anticipate & counter the tactics used by the prosecution. We pride ourselves on our thoroughness & dedication, ensuring that every client receives the attention & legal assistance they deserve.

Our firm operates with a personal approach. By handling a limited number of clients, we ensure that every case is given the time & resources necessary for the best possible outcome. When you choose us as your rape defense lawyer in New York, you benefit from a dedicated legal team willing to fight for your rights at every turn.

We understand the emotional & psychological toll that legal proceedings can have on an individual. Therefore, we prioritize clear & compassionate communication, keeping clients informed every step of the way. Our team also explores alternative resolutions & plea options if they align with the client's best interests, always striving for a resolution that minimizes stress & disruption to their lives.

Key Defense Arguments Against Rape Charges

Successfully defending against rape charges requires a meticulous examination of the prosecution's evidence and a strategic application of various legal defenses. Our approach focuses on challenging the core elements of the crime and protecting your constitutional rights.

Lack of Consent: Argue that sexual activity was consensual, presenting evidence of relationship dynamics, prior encounters, and communications to counter claims of force or incapacitation.
Fabricated or False Allegations: Thoroughly investigate the accuser's credibility and motives (e.g., revenge, jealousy) and highlight inconsistencies in their statements or behavior.
Mistaken Identity: Prove that you were not the perpetrator by using alibi evidence, challenging eyewitness identifications, or showing other potential perpetrators exist.
No Force or Threat of Force: For charges requiring "forcible compulsion," argue that no physical force or credible threat was used.
Incapacity to Consent Not Proven: Challenge whether the prosecution can prove the alleged victim was incapable of knowing consent (e.g., due to intoxication) or that you knew of this incapacity.
Insufficient Evidence: Argue for dismissal or acquittal by highlighting weaknesses, inconsistencies, or a lack of credible evidence (e.g., unreliable witnesses, lack of corroborating physical evidence, or a delayed report).
Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of your right to counsel.
Alibi: Present compelling evidence that you were in a different location at the time the alleged crime occurred.
Challenging Age of Victim/Defendant (for Statutory Offenses): Meticulously examine age discrepancies; specific facts about false age representations by the child may impact the degree of the crime or sentencing.
No "Sexual Intercourse" Proven: Challenge whether the alleged conduct meets the strict legal definition of "sexual intercourse," potentially distinguishing it from a lesser offense.

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Why We're the Right Choice

Attentive Service. Strategic Defense.

Raiser and Kenniff, P.C. is here to help you get the results you need with a team you can trust.

Personalized Legal Strategy
We don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
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We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
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Our founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.

What to Do If You're Accused of Rape in New York

An accusation of rape triggers immediate legal risks. Time is critical. Statements made without legal counsel—especially to law enforcement—can cause irreversible damage. Consulting a rape lawyer in New York at the earliest opportunity is crucial for safeguarding your rights.

If you're under investigation or have been charged, you should:

Exercise your right to remain silent
Avoid contacting the alleged victim
Preserve all digital communications (texts, emails, social media)
Consult a New York rape defense attorney immediately
Avoid discussing your case with friends, family, or the media

An experienced rape defense lawyer in New York will intercept potential errors, advise you on your rights, & begin building a proactive defense from the moment you retain legal representation.

Frequently Asked Questions about Rape Defense in New York

What Should I Do If I'm Accused of Rape in New York?

If you are accused of rape, it is crucial to remain calm & avoid making any statements or admissions that could be used against you. Contacting a rape lawyer in New York at Raiser and Kenniff, P.C. immediately is essential. We can guide you on handling interactions with law enforcement & help prevent any missteps that could jeopardize your defense.

How Do Rape Charges Differ in New York State?

Rape charges in New York are classified by degrees, with first-degree being the most severe due to elements like force, the victim's age, or incapacity. Each degree carries unique penalties and legal standards. A strong defense hinges on understanding these distinctions and building arguments around consent and other relevant factors. Skilled legal representation is essential to navigate the complexity of New York’s statutes.

What Constitutes Consent in New York Law?

Consent in New York must be a clear, voluntary agreement to engage in specific conduct. If someone is incapacitated, underage, or coerced, consent is invalid. Consent plays a central role in rape cases, and legal defenses often revolve around whether it was present or possible. A knowledgeable defense attorney can effectively challenge allegations by dissecting how consent is defined and interpreted under state law.

Can a Rape Charge Be Reduced or Dismissed in New York?

Rape charges can sometimes be reduced or dismissed depending on the strength of the evidence and the defense strategy. Your lawyer may challenge the credibility of witnesses, the legality of evidence, or argue for a lack of probable cause. At Raiser and Kenniff, P.C., we focus on weakening the prosecution's case to pursue reduced penalties or full dismissal whenever possible.

How Can Raiser and Kenniff, P.C. Help with My Rape Defense in New York?

Raiser and Kenniff, P.C. provides a tailored defense strategy built on comprehensive case analysis, legal insight, and experienced advocacy. We work with expert witnesses, dissect the prosecution’s case, and maintain open communication with our clients. Available around the clock, we ensure our clients feel supported and informed while aggressively protecting their rights and reputation in and out of court.

What Are Common Defenses in Rape Cases in New York?

Consent is one of the most commonly used defenses in rape cases, along with mistaken identity and lack of credible evidence. Defense strategies may also focus on procedural violations or errors in how evidence was collected. At Raiser and Kenniff, P.C., we evaluate every angle of the case to build a solid, fact-driven defense designed to undermine the prosecution’s claims and support our client’s innocence.

What Are Some Considerations When Hiring a Rape Defense Attorney in New York?

When choosing a rape defense attorney, look for someone with in-depth knowledge of New York criminal law, trial experience, and a track record of favorable results. Attorneys who are former prosecutors often provide a strategic advantage. At Raiser and Kenniff, P.C., we prioritize direct attorney access, strategic planning, and client communication—qualities that are essential when facing serious allegations with lifelong consequences.

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Penalties and Consequences of Rape Convictions in New York

A conviction for any degree of rape in New York carries some of the most severe penalties imaginable, extending far beyond incarceration and impacting nearly every aspect of your life.

Direct Penalties (New York State Felony)

First-Degree Rape (Class B Violent Felony): A determinate prison sentence of 5 to 25 years.
Second-Degree Rape (Class D Felony): An indeterminate prison sentence of 2 1/3 to 7 years.
Third-Degree Rape (Class E Felony): An indeterminate prison sentence of 1 1/3 to 4 years.
Mandatory Minimum Sentences: Many of these felony offenses, particularly "violent felony offenses," carry mandatory minimum prison sentences (e.g., 5 years for Class B violent felonies), severely limiting a judge's discretion.
Fines: Up to $5,000 for felonies, or substantial amounts tied to the gain from the crime.
Post-Release Supervision (PRS): All felony prison sentences are followed by a period of mandatory post-release supervision, typically 1.5 to 5 years, with strict conditions, including sex offender treatment and monitoring. Violating PRS can lead to re-imprisonment.
No Parole Eligibility: For some of the most serious felony sex offenses, parole eligibility is limited or non-existent.

Collateral Consequences

Even before trial, a rape charge can destroy a person's personal & professional life. Employers, educational institutions, & even landlords may take immediate action against someone who has been accused.

Potential consequences include:

Loss of employment or professional licenses
Termination from educational programs
Public exposure & media coverage
Inclusion in the New York Sex Offender Registry
Prison sentences up to 25 years or more

A New York rape defense attorney works not only to protect the client's legal rights but also to shield them from unjust social & professional fallout during the investigation.

Key Elements the Prosecution Must Prove in New York Rape Cases

To secure a conviction, the prosecution must establish every element of the crime beyond a reasonable doubt. In rape cases, this often involves testimony from the alleged victim, physical evidence, & witness accounts. However, the defense is entitled to challenge each component.

The prosecution typically attempts to prove:

That sexual intercourse occurred
That the act was non-consensual
That the defendant knowingly & willfully engaged in the act
That aggravating factors (such as force, age, or incapacity) existed

Why Choose Raiser & Kenniff, P.C.

When your future is on the line, you need a legal team with the experience and reputation to fiercely advocate for your interests. At Raiser & Kenniff, P.C., we bring over 100 years of combined experience to every case, providing comprehensive legal representation across civil and criminal matters in New York.

Our strength lies in our strategic insight. As a firm founded by former prosecutors, we understand how the opposition builds its cases and use that knowledge to your advantage. This expertise has earned us national recognition, with our attorneys frequently sought after by the media for their professional insight. We offer flexible payment options and provide our legal services in English, Spanish, and Russian, ensuring you have access to top-tier representation when you need it most.

Additionally, we are familiar with the Nassau County Court system & have established relationships with local legal & law enforcement professionals. This knowledge enhances our capability to advocate effectively for our clients by quickly identifying potential challenges & opportunities specific to the region. Our deep understanding of the local community & its unique aspects enables us to craft defense strategies that are not only legally sound but also contextually aware, providing a robust response to the charges faced.

Take Action: Secure Your Defense Today with Raiser and Kenniff, P.C.

Facing a rape charge is overwhelming, but you don't have to navigate it alone. At Raiser and Kenniff, P.C., we are here to offer the robust defense & support you need. Our commitment to personalized service means you will work closely with an experienced attorney who understands the stakes & is determined to achieve the best possible outcome for you.

Contact our team at (888) 646-0025 for a confidential consultation today. With flexible payment options & multilingual services, we ensure accessibility & understanding for all clients. Trust Raiser and Kenniff, P.C. as your rape defense attorney in New York to safeguard your future & uphold your rights.

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