New York Penal Law § 130.25 - Rape in the Third Degree

A person is guilty of rape in the third degree when:

  1. He or she engages in sexual intercourse with another person who is incapable consent by reason of some factor other than being less than seventeen years old;
  2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
  3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent

Rape in the third degree is a class E felony

Rape in the third degree penalties

  • Up to 4 years in prison
  • Sex Offender Registration
  • Permanent criminal record

Rape in the third degree is a serious charge in New York City. Often, the victim and the person arrested know each other. Before the arrest, the NYPD special victims unit may devote substantial time and effort to investigate the case, collect incriminating evidence, attempt to get a confession, and carefully document witness accounts. In the current political environment and following the "me too" movement, New York City prosecutors are eager to prosecute rape cases to the fullest extent of the law.

Rape in Third Degree Defense Lawyer

Lance Fletcher, a former Manhattan Prosecutor, and NYC Defense Attorney with over 15 years of experience has defended numerous rape cases in New York City courts. When you sit down with Lance Fletcher, he is prepared to review the charges and discuss the details of your case to explore possible defenses and ways to lessen or dismiss the charges. Often, sex crimes involve forensic evidence such as DNA, video surveillance, and other evidence the prosecution is using to support their case. Lance Fletcher can assemble a team of experts to review the evidence against you and develop the best New York criminal defense strategy for your case. Lance Fletcher is prepared to scrutinize police and medical examiner records, review video, and challenge every aspect of the prosecutor's case. If you or a loved one have been accused of rape in the third degree, contact us today at 212-619-3900 for a consultation.

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