Manhattan Sexual Misconduct Lawyers Russ Kofman and Arthur Lebedin Explains Incapacity to Consent

Manhattan sexual misconduct lawyers Russ Kofman and Arthur Lebedin release a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/sex-crimes/sexual-misconduct/) explaining a person’s inability to consent in a sexual misconduct case. The lawyers mention that a person is guilty of sexual misconduct in New York if they engage in sexual intercourse without the other person’s consent. If a person is found guilty of this charge, they will face penalties for a Class A misdemeanor.

“Under 130.05 of the New York State Penal Law, sexual intercourse takes place without a person’s consent when there is a lack of consent to the sexual intercourse as a result of forcible compulsion. Forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force; or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself or another person or in fear that he or she or another person will immediately be kidnapped.” The article from the Manhattan sexual misconduct lawyers says.

Attorney Russ Kofman explains that in order for a person to be guilty of this crime, the prosecution team must be able to prove that the defendant engaged in sexual intercourse with the complainant and that the defendant did so without the complainant’s consent by using forcible compulsion.

Criminal defense attorney Arthur Lebedin adds that sexual intercourse without a person’s consent happens when the person is deemed by the law to be incapable of consent. There are a few factors to be considered for a person to be found incapable of consent. These factors include that the person is less than 17 years old, that the person is mentally disabled or mentally incapacitated, and that the person is physically helpless.

The lawyers also explain that a person who is mentally disabled is defined as a person suffering from a mental disease or defect which renders them incapable of assessing the nature of their conduct. A person who is mentally incapacitated means that a person is temporarily incapable of assessing or controlling their conduct because of the influence of narcotics or other intoxicating substances.

In the article, attorney Russ Kofman adds, “It is not a defense to a charge under 130.20(1) that the actor did not know that the person with whom the actor had sexual intercourse was less than 17 years old. Additionally, it is not a defense that the actor believed such person was 17 years old or more on the date of the crime.”

Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing a charge of a Course of Sexual Conduct Against a Child. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.

About Lebedin Kofman LLP

Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.