Rape Category Archives — Page 7 of 10 — New York Criminal Lawyer Blog Published by DWI & Criminal Defense Attorneys

Published on: June 30, 2012

Court Discusses Rape Trauma Syndrome

by Stephen Bilkis

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 view that rape is an act of violence against women. When it involves a child, the manner in which the assault affects the child can be even more confusing. One example of this type of confusion occurred in a case that happened in Brooklyn, New York in the early 1980’s.

An eleven year old girl often went to her neighbor’s apartment to play and babysit the neighbor’s smaller children. On one date when she was caring for the children, the neighbor’s boyfriend came home. He was alone with the children for several hours. The eleven year old girl later claimed that the boyfriend had raped her. The rape was not reported until two months later, when the girl told her mother that the boyfriend had come home early again. The second time, she stated that he had kissed her on the mouth and fondled her breasts and bottom. The mother immediately took the girl to the hospital and filed a police report. The doctor’s report substantiated that the girl’s hymen was ruptured. The police arrested the neighbor’s boyfriend for raping the girl.

In the months between the rape and the trial, the little girl was overwhelmed with the situation and wrote several letters to her accused attacker. These letters stated that she was sorry and that she knew that it was not rape. The prosecutor, upon learning of these letters and that the defense intended to use them to impeach the credibility of the child, filed a motion with the court to be allowed to introduce evidence on the effects of rape trauma syndrome. The defense objected to the introduction of this evidence because they claim that the average juror is capable of distinguishing the effects of rape for themselves.

Published on: June 30, 2012

Supreme Court Discusses Date Rape

by Stephen Bilkis

On February 18, 1992, The Supreme Court for New York County, New York, discussed the application of punitive damages in civil suits against criminally convicted perpetrators would be appropriate in rape cases. A New York Criminal Lawyer said the case in question granted $10,000,000.00 in damages to the victim of a sexual assault in 1988. Her attacker was charged and convicted of rape, sodomy, and sexual abuse. The victim subsequently filed a civil suit to recover damages. The victim was a fashion model who relied on her unblemished physical beauty for her source of income. During the course of the rape, her attacker had slashed her with a knife. The slashing made it impossible for her to continue gainful employment as a model.

The 1991 amendment to the Civil Rights Law § 50-b demands that all victims of sex offenses regardless of their age be protected from having their identities disclosed to the public. The reason that rape victims identities require protection from disclosure is associated with the societal stigma that is placed on victims of sexual assault in general. This is especially true in the case of date rape. Date rape which is sometimes called acquaintance rape, is the most common form of rape in this country. Most cases of date rape go unreported. Prior to 1974, a rape victim had to have corroboration in the form of an eye witness or physical evidence to substantiate her claim of rape. That created an atmosphere of danger for any woman who was alone with a man. The court recognizes that date rape is a crime so old that it is recorded in the bible. For many years, if a woman willingly went to a man’s apartment or bedroom, the general opinion was that she knew that she would be expected to have sex with that man. If she then told him that she did not want to have sex with him and he forced her to have sex, society had the view that she had asked for it. She was considered to have known what she was getting into when she agreed to be alone with a man in an area that “good” girls did not go.

In 1988, mainly as a result of a book about it, date rape was put into the spot light. Many women reported during a comprehensive study to have suffered from forced sexual intercourse by dates. In fact, a staggering 20% of college students reported in 1985 that a date had forced them to have sexual intercourse against their will at least once. Many women did not even call forced sex on a date, rape. The FBI estimated that in 1988 60 to 80% of the women who were raped, were raped while on a date with their attacker. It was not until 1991, when the Violence Against Women Act was proposed that these issues were brought to the forefront of criticism in American public view. These proposed laws would make federal penalties available for rape prosecutions and require mandatory restitution to the victims.

Published on: June 29, 2012

Court Discusses Corroboration Element of Sex Offenses

by Stephen Bilkis

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 charges, on the ground that there was no corroboration of the complainant’s testimony as to the intercourse, but directed that information be filed on the weapons charge. The information on the possession of a dangerous weapons charge was then filed.

The man however moves to dismiss the information on the ground that the offense of possession of a dangerous weapon requires intent to use unlawfully and the only proof of unlawful intent would be the complainant’s testimony that she was raped. Since there can be no conviction for the allege offense due to lack of corroboration, the man contends that the testimony of the complainant cannot now be used to convict him of the weapons charge.

In order for the court to address itself to the man’s contention, a brief recapitulation of the legislative history of laws pertaining to corroboration is required. However, the court of appeals subsequently overruled the line of cases and held that convictions for the crimes of attempted rape, assault and other offenses related to the offense could not be sustained where the only evidence against the opponent was the uncorroborated testimony that a consummated rape had occurred. Moreover, the reasoning of the court of appeals in the various cases was that the only testimony implicating the man in the non-rape charges was testimony of an actual rape.

Published on: June 28, 2012

Court Discusses Crime of Rape in the Third Degree

by Stephen Bilkis

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 under the new Penal Law, which was enacted in 1965, effective as of 1 September 1967.

Published on: June 28, 2012

Rape Trauma Syndrome Discussed by Appellate Court

by Stephen Bilkis

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 told her she was driving erratically and had failed to signal a lane change properly. He instructed her to leave her car, walk a straight line, and then enter the passenger seat of the patrol car, where he told her she could be in serious trouble, including DWI charges, and would have to blow in his face as a sobriety test. While she was doing this a second time, at defendant’s behest, he put his mouth on hers, began fondling her, and told her he was going to make it or do it with her, but first had to go to State Police barracks for a condom. The victim followed defendant to the barracks in her own car, though he retained her license and registration. She testified that she remained terrified throughout this entire period believing that, with defendant armed, any escape attempt in an unfamiliar area would be futile and even fatal.

At the barracks, defendant placed the victim in the police car, instructing her to remain there while he went inside. She testified that she was still frozen with fear, not knowing whether defendant had friends in the barracks who knew what he was doing. On his return, they drove off while the victim, believing it vital to her safety, engaged defendant in conversation. When they reached a secluded area, defendant, still armed, sexually attacked her. He thereafter returned with her to the barracks and allowed her to proceed to her destination, where she explained to the wedding guests that she was late because of a car trouble. On her return home, after being unable to eat or sleep for two days, and overcoming her fear that defendant would harm her, the victim contacted a local rape crisis center, which ultimately led to a report to the State Police, an investigation, and defendant’s arrest.

Published on: June 27, 2012

Defendant Contends Incriminating Evidence Being Used

by Stephen Bilkis

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. The application was denied by the court.

A year later, on August 24, 1978, another woman from the same town reported a rape in the early morning. She said that a man who drove a Cadillac Eldorado had raped her. She memorized the license plate. The police checked the license plate and it matched the license plate of a Cadillac Eldorado which was reported stolen.

Three hours after the report of the rape, the police found the Cadillac Eldorado parked by the roadside and the accused sleeping inside the car. A New York Criminal Lawyer said he was arrested and taken to the police station. Later that morning, he was arraigned for criminal possession of stolen property. At his arraignment, he was told that he had the right to be represented by a lawyer of his own choosing and if he cannot afford one, a lawyer can be provided for him but the accused refused to be represented by a lawyer.

Published on: June 26, 2012

Defendant Contends Incriminating Evidence From Prior Conviction Should Not be Included

by Stephen Bilkis

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. The application was denied by the court.

A New York Criminal Lawyer said year later, on August 24, 1978, another woman from the same town reported a rape in the early morning. She said that a man who drove a Cadillac Eldorado had raped her. She memorized the license plate. The police checked the license plate and it matched the license plate of a Cadillac Eldorado which was reported stolen.

Three hours after the report of the rape, the police found the Cadillac Eldorado parked by the roadside and the accused sleeping inside the car. He was arrested and taken to the police station. Later that morning, he was arraigned for criminal possession of stolen property. At his arraignment, he was told that he had the right to be represented by a lawyer of his own choosing and if he cannot afford one, a lawyer can be provided for him but the accused refused to be represented by a lawyer.

Published on: June 24, 2012

Court Discusses Rape Shield Law

by Stephen Bilkis

A female college student from Columbia University surfed the net looking for other Columbia students with whom she can chat. She began an online conversation through email with the accused who was also a student from Columbia University.

The accused shared his interests in the occult and the bizarre. He mentioned his fascination with a known photographer who used corpses for models. The woman shared her fascination with snuff films (pornographic films where the female is shown being slain by the person who was raping her). She and the accused began talking of possible plots for snuff films that they would create.

Two months of emails, chatting, instant messaging passed until the woman shared her phone number with the guy and he called her. They had several long phone conversations.

Published on: June 24, 2012

Court Decides if Rape Trauma Syndrome Applies

by Stephen Bilkis

The Facts:

Defendant is charged with two counts of grand larceny in the third degree arising out of a homosexual incident between the complainant and defendant.

The People allege that the incident was consensual in nature and that defendant thereafter extorted money from the complainant by threatening to expose him as a homosexual and to bring charges of homosexual rape.

Published on: June 23, 2012

Court Discusses Possible 5th Amendment Violation

by Stephen Bilkis

Decisions to protect the public from a person who is violently mentally ill can create many fundamental issues of law and civil rights. This legal quandary has been a puzzlement for Americans since our country began. Freedom to live our lives without the fear of the Federal Government removing our freedom without the benefit of a trial before a jury of our peers is fundamental to our belief systems. However, there are times that we must question the benefit of releasing someone who will almost definitely commit a violent crime if they are ever released from an institution. On May 26, 2011 the Supreme Court of New York held a probable cause hearing to determine if a man who was a detained sex offender should remain incarcerated after his pending release date because of his need for civil management.

The Mental Hygiene Law of New York provided the government with a means to deprive citizens of their right to freedom if they were determined to be a threat to themselves or others based on their mental health. Section 10.06(k) of the Mental Hygiene Law does not provide a different rating for sex offenders (sex crimes) who are dangerous and those who are not when recommending civil management. Once an offender has been determined a sex offender who may require civil management, the only requirement is probable cause to detain the subject post release or pre-trial.

The case that was brought before the court in 2011, disclosed that this law was possibly an affront to the United States Constitution. As such, the attorney for the defendant, filed a motion for the Supreme Court to review the Constitutionality of the law under the Fifth Amendment to the United States Constitution. The Supreme Court examined the conditions of the case. The case involves a man who is detained as a sex offender pending an trial for additional crimes. The trial court in his preliminary hearing found him to be in need of evaluation by the State Office of Mental Health. After the OMH review, it was recommended that the defendant be released from detention under appropriate supervision and treatment into the community pending a hearing of his case. The judge determined that the severity of the charges and the risk to the community was too severe to allow for the release of the defendant pending trial.