Sexual abuse, also referred to as molestation, is any sort of non-consensual sexual contact. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester.

Persistent sexual abuse. N. Y. Penal Law § 130.53

A person is guilty of persistent sexual abuse when he/she commits a specified sex crime and within the previous 10 years were convicted of one the specified crimes 2 or more times. The crimes that can serve as the basis for persistent sexual abuse include:

  • Forcible touching. N.Y. Pen. Law § 130.52
  • Sexual abuse in the third degree. N.Y. Pen. Law § 130.55
  • Sexual abuse in the second degree. N.Y. Pen. Law § 130.60

Each of the three specified sex crimes are misdemeanors but persistent sexual abuse is a class E felony, which is punishable by 1 to 3 years in prison.

If you have been accused of committing a sex crime, then you are potentially facing a serious felony conviction on your record, a long prison sentence, and the stigma of being forced to register in a public directory as a sex offender. As soon as you are arrested or even questioned about incidents that could lead to a charge of persistent sexual abuse, you should immediately contact an experienced criminal lawyer who will review the facts of your case and defend you until the case is resolved. False accusations sexual abuse are quite common, particularly in domestic disputes and custody battles.

The types of issues involved in defending against a sex crime charge are Pleading requirements, issues with discovery, and key witnesses. The prosecution may use a wide range of evidence, including witness statements, surveillance footage, DNA evidence, police reports, or other forensic crime scene evidence. The key witnesses in a sex crime case depend entirely on the nature of the case and the defense strategy. The prosecution will often, but not always, present the testimony of the victim.

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