Legal Question in Criminal Law in New York
sodomy 3rd/sexual abuse 3rd
my question lies not in what i did, but the consequences now before me.i have been charged. not convicted, with sodomy 3rd and sexual abuse 3rd. was completely honest when questioned, and the female involved was 15 and gave a statement saying that she acted as the ''predator'' in this situation, actually planning everything that happened.there was never actual intercourse, and i have never had so much as a misdemeanor in my life.i am over 21,and have read the laws now.i know what the max sentences are, but am hoping to find out what a probable outcome of this may be.from talking to the officers involved, even they agree that it appears i got ''played'' and they told me i should get it reduced to maybe sexual misconduct.i guess im just looking for a little hope in a dreary situation...any help...please.....
2 Answers from Attorneys
Re: sodomy 3rd/sexual abuse 3rd
More info is needed on your case and you; your age; any crim record; job; etc. You probably are looking at no jail time, but more info is needed and then the DA's position would be important.
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Re: sodomy 3rd/sexual abuse 3rd
You've got two options here: (1) attempt a plea bargain to a misdemeanor and probation; (2) try the case. The problem with option number 2 is that this is a statutory situation where your intent, i.e. mental state, is irrelevant. Strict liability is what you're up against. This means that all the prosecutor has to prove is that you had sexual contact with the victim. Even if she consented you are still guilty because with a victim this young the law presumes that she cannot consent to sexual contact. However, if no sexual contact occurred and she's making this all up, you might want to consider trying the case and attacking her credibility.
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