A New York Sex Crimes Lawyer said that, on September 2, 2009 the defendant pled guilty to Sex Abuse in the Second Degree, sexual contact with an individual greater than 17 incapable of consent. The crime is a Class A misdemeanor. He was sentenced to time served and released without supervision on the same day of his plea/conviction. Thereafter, this SORA proceeding was commenced. The Cayuga County District Attorney’s office presented a risk assessment instrument (“RAI”), prepared by the New York State Board of Examiners of Sex Offenders (“the Board”) and based on the Board’s Risk Assessment Guidelines and Commentary, 2006 (“the Guidelines”). Under the RAI, the defendant was assessed 145 points on the 15–category instrument and, based on the accumulated points, classified as a Level 3 offender.
A New York Criminal Lawyer said that, the RAI was accompanied by a case summary, which was based on the “inmate’s file, which may include but is not limited to the pre-sentence investigation, prior criminal history and post-offence behavior.” The case summary alleges that the 32–year–old defendant was in a bar with a 25–year–old female. Neither person knew the other until the night of the sex crime. They met at a bar, drank, talked and then went to another bar. The case summary alleges that defendant was intoxicated but makes no mention of the condition of the victim. However, the victim “began to feel ill” and entered the ladies room. Later, the defendant entered that ladies room, held her hair and rubbed her back as she continued to vomit. The case summary alleges that he then fondled her breasts and “she repeatedly told him to stop” and then “he pinned her to the side of the toilet and stall wall, lifted her up and pulled down her pants and removed her tampon and then penetrated her vagina with his penis.” The case summary alleges that she was “screaming for him to stop” and “yelling for help.” After some time, two women came to her aid and “forced him to leave.”
A New York Rape Lawyer said that, the case summary also alleges that defendant, when later confronted by a DNA test, admitted that he touched the victim’s vagina with his penis, but, “noted that it was consensual.” It then makes reference to “some suggestion that the victim was drugged,” as a drug-facilitated sexual assault kit was administered and victim was noted to be “far more intoxicated than she should have been based on the number of drinks she had had.” Id. The defendant was indicted for Rape in the first degree and sexual abuse in the first degree and, according to the summary, “will be scored accordingly.”
To Be Cont…
If you are a victim of rape, seek the representation of a New York Sex Crime Attorney and New York Criminal Attorney at Stephen Bilkis and Associates. Call us for free legal advice.