On March 25, 1991 The Supreme Court, Appellate Division, Second Department in New York heard an appeal on a case of murder associated with an attempted rape. The elements of the offense are seemingly so bizarre as to warrant mention. The offender was originally convicted on May 10, 1984, with…
Articles Posted in New York
Court Discusses Rape Trauma Syndrome
Offenses of rape and other sex crimes are clouded by myths that pervade most societies about the causes of rape. For many hundreds of years, the cause of rape was believed to be an overwhelming sexual desire. It has only been in recent years that American society has taken the…
Court Discusses Issues of Discrimination and Equal Protection
The Facts: Sometime in 1977, defendant-one was indicted for the crime of Rape in the Third Degree, a criminal law violation; that defendant, over twenty-one years of age, engaged in a sexual intercourse with a female less than seventeen years of age. A New York Criminal Lawyer said that sometime…
Rape Charges Dismissed for Lack of Evidence
The man was charged with kidnapping in the second degree, two counts of assault in the second degree, attempted rape in the first degree and attempted sexual abuse in the first degree. The man was also charged with similar counts previously involving another woman but was later dismissed. Evidently, the…
Court Discusses Corroboration Element of Sex Offenses
A man was arrested and charged with the offenses of rape in the first degree, sodomy in the first degree and possession of a dangerous weapon. The offenses were allegedly committed recently after the arrest. In addition, the grand jury failed to indict the man for the rape and sodomy…
Defendant Claims Bringing Up Prior Acts Prejudiced Jury
Drug Possession crimes are a problem in every city in the United States, but courts do not usually expect to find them on their own back doorsteps. In the case of the Supreme Court of Bronx County in 1972, they did not expect to find the drug problem on the…
Court Discusses Crime of Rape in the Third Degree
The Facts: Defendant was charged with robbery, larceny, assault (two counts), endangering the welfare of a child, and sexual abuse in the third degree; a six-count indictment on criminal law violations. A New York Criminal Lawyer said these the crimes were allegedly committed on 26 September 1967, the prosecution was…
Rape Trauma Syndrome Discussed by Appellate Court
The Facts: On 10 September 1988, the victim, a married college professor, was driving from her home to a family wedding when, at about 7:30 P.M., she was stopped on the Northway by defendant, then a uniformed State Trooper. At defendant’s request, she gave him her license and registration. Defendant…
Court Decides if Prior Convictions Should be Considered Felonies
The Facts: Defendant has been found guilty of assault in the second degree, with intent to rape. He is now before the court for sentencing. A New York Sex Crimes Lawyer said that a “prior offense” Information has been filed by the District Attorney which alleges that the defendant is…
Defendant Contends Incriminating Evidence Being Used
On August 24, 1977, a woman reported to the police that she had been raped that morning. One month after the reported rape, the District Attorney applied to the court to compel the accused to participate in a line up in connection with the investigation of the August 1977 rape.…