Sex Crimes

Published on: February 24, 2012

Sex Crimes Against a Minor

by Stephen Bilkis

It is the children whom we need to protect the most from the harm done by sex crime offenders lurking in the society today. However, it can be truly sad when the offender comes from within the basic unit of the society which is the family. According to a New York sex crime lawyer, this is case with this particular father who was charged of rape of a minor. The unnamed suspect had sex with a minor, specifically younger than 15 years old.

He was also found to be patronizing prostitution. He was sent to spend time in prison for one year and was also released after he served the required time. By 2007, the Dutchess County Department of Social Services or the DSS filed a petition involving their being negligent parents. This was because of the scenario that the released father was still an untreated sex offender while the mother was not proven to be capable of protecting her own kids from the father.

A New York criminal lawyer who did thorough research on this learned that a caseworker from the said group investigated pretty well on the family. However, he had no proper documents at that time that would prove the father was not appropriate for his own children. The wife on the other hand testified that she was completely innocent of the crimes of her on husband. It never got into her mind that her husband would be a threat to their children for she never saw him show such a negative behavior in their family. In the end though, the Family Court made a conclusion that there was clearly a negligent act on both parents.

Published on: February 24, 2012

Court Decides Sex Crime Case with Teenage Victims

by Stephen Bilkis

The case of Elliot Shapiro is an important case that a New York sex crime lawyer can present for you to fully understand the details of intricate sex crimes. He was convicted of abusing a minor and at the same time promoting prostitution. He was fighting for the fair trial of his rights thinking that they were actually violated. He was accused of sexually violating high school boys for 17 months with all the victims being under 17 years of age. During the trial, it was proven that the boys got money for it and that there was no physical harm imposed on them.

Police officers from the New Rochelle Police Department came out with a search warrant after hearing enough from a wire tapped procedure ordered by the court. They learned that two friends of Shapiro would be bringing in two teenagers who are male prostitutes so as to perform sexual acts for a fee. Another adult by the name of Brian Dowling is set to join them too. When they reached the home, they found Dowling, the defendant and two teenagers all naked in the second floor.

As per the New York criminal lawyer who researched on this case as well, Shomer and Shenn were guilty of promoting prostitution and risking the life of the two minors, aged 15 and 13. Their cases were tried separate from Shapiro. The young males attested that anal sex was performed on them while Shapiro reacted to this telling the court that he was just simply a man of weak sexual desires tempted by the two pimp friends. He wanted to establish the role that his options were limited at that time.

Published on: February 24, 2012

Defendant Charged with Sex Crimes Against a Minor

by Stephen Bilkis

These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a New York sex crime lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. A New York Sex Crime Lawyer said the crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse according to another New York child pornography lawyer is that the daycare center was not registered.

All of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. The Nassau County Sex Crimes Lawyer backed this all up with formal medical evidence from experts done through proper medical examinations of the children. Many of them already showed suffering from diseases which are sexually transmitted. It was actually very sensitive to discuss but this could be a true learning experience for many and how they would be able to protect their children. The total number of crimes that was perpetrated against him includes twelve kids. This of course means that this case should be well investigated and be well prepared.

Published on: February 24, 2012

sex

by Stephen Bilkis

Sexual abuse can be everywhere, it might be occurring in our own home. According to a New York Sex Lawyer, on September 5, 1995, James L. Archer was convicted by the County Court of crimes of sexual abuse and endangering the welfare of a child. During trial, the 13-year-old victim testified that prior to the commission of the crimes, James L. Archer, a 31-year-old live in companion of the victim’s aunt, told her that he wanted to rape her and have a baby with her. She further testified that Archer threatened to kill her whole family if she revealed his feelings about her to anyone. The victim indicated that she believed these threats and, for that reason, did not immediately report the crimes.

Based on the New York Criminal Lawyer, Archer’s initial argument on his appeal was that the jury’s verdict finding him guilty of two counts of the crime of sexual abuse is not supported by legally sufficient evidence in that there is no proof of forcible compulsion. As relevant here, ‘Forcible Compulsion’ means to compel by either use of physical force; or a threat, express or implied, which places a person in fear of immediate death or physical injury to herself or another person. The higher court held that given the victim’s young age and Archer’s dominance over her by reason of his age and relationship with her aunt, the jury could have reasonably inferred that Archer accomplished the sexual contact through the use of threats that placed the victim in fear of immediate death or physical injury to herself or members of her family.

Another argument that Archer had pointed out was that he was discriminated by the admission of evidence regarding prior bad acts of sexual nature that he purportedly perpetrated upon the victim. Generally, a New York Sex Abuse Lawyer said, such evidence may not be offered to show Archer’s bad character or his inclination toward crime but may be admitted if the acts help establish some element of the crime under investigation. This exception was said to be applicable in this case since the challenged testimony was admitted to establish that Archer engaged in a course of conduct that was likely to be injurious to the physical or moral of the victim, an essential element of the crime of endangering the welfare of a child that was charged in two counts of indictment.

Published on: February 23, 2012

Court Addresses DWI Case of a Minor

by Stephen Bilkis

A man filed a legal action to discharge him against a complaint for failure to state a cause of action. It involves alcoholic beverage control law concerning underage drinking. The man states that there is no issue of fact by which he may be held liable and that no legitimate cause of action has been set forth in the complaint. The corporation, who stands as the opponent, opposed the legal action, stating that they claim a cognizable common law cause of action, and cross-move to modify their answer.

According to a New York Crimal Lawyer, said the bar (under the said corporation), who filed a complaint against the man is licensed to offer alcoholic beverages, to sell and for consumption on its premises by customers over the age of 21 years. The man at the time of the incident was a 19-year-old student. He was stopped by the police early in the morning while walking back to campus in an intoxicated state. He was brought to the police station on an unrelated matter and told the police officers that he was underage and had been drinking at the tavern earlier in the evening. He further told that he had gained access to that place by use of a false driver’s license. He purchased and was served alcoholic beverages.

The police officers then accompanied him to the bar, where he identified the employee, who used to be the longtime president of the corporation as well as the owner of the bar, as the person who had served him the alcoholic beverages. The president was charged with the penal law crime of unlawfully dealing with a child for allegedly selling alcoholic beverages. In addition, alcoholic beverage administrative proceedings were commenced against the company for the revocation of its liquor license because of the alleged sales of alcoholic beverages to several other underage college students.

Published on: February 23, 2012

Court Decides Unusual Sex Crimes Case

by Stephen Bilkis

It may be common for anyone of us to hear or watch rape cases in the news but we never realize how hard it is to handle with the right legal procedurures. One case that was very complicated to assess and it involved three men as the ones who are making an appeal. The ones that were mentioned in the proceedings were Michael De Vito, Theodore Buckley and Gary Mandel. In rape cases like this one, the mental background and reliability of the one who is complaining is very important.

The alleged victim was contacted via phone by Mandel for a good number of times last April 4, 1975. It appears that their houses are just several blocks apart and that Mandel invited her to his house to discuss a fresh course at the Brooklyn College. She went to his house and after a short conversation at the kitchen, she was given a glass of water which she consumed but made her too dizzy to still hold consciousness. According to a New York Criminal Lawyer, the next thing she knew, she was already in the basement struggling against Mandel. Then came the other two, De Vito and Buckley, to the basement through a back door and with that the worst sexual things happened.

The victim running away half naked when she finally saw the opportunity. She hid in some bushes and wait till the alleged suspects left. She ran and knocked into another home which was owned by Lila and Murray Raber. The three denied all these and said that what happened was with the consent of the victim. They claim that she only reported and filed a complaint out of utmost humiliation she suffered from during the sexual activity when water balloons burst inside her bra.

Published on: February 23, 2012

Court Decides Several Sex Crimes Cases with Common Denominators

by Stephen Bilkis

Every New York sex crimes lawyer has been able to handle a wide variety of cases that deal with sexual abuse of minors and other similar scenarios. With the modern world of today becoming filled with so much of the online community, it is also common to find cases where minors are sexually abused through online chatting. This is the exact case that happened to a professional attorney who was arrested for sex chatting with a 13-year-old and even meeting up with her in person to have actual physical sexual encounter.

There were two witnesses who emerged. The first witness testified that he knew the accused attorney to be a very dignified professional. In fact, Steven J. Lever, the attorney accused, is waiting for a job offer from the firm of the first witness. The second witness is a close family friend and testified too that Lever is a very honest person aside from being smart. The first hearing led for the suspension of the attorney for six months since the court was not convinced that he really had sexual contact with the minor involved.

But as per the view of an expert New York Criminal Lawyer, the sentence for the accused should be greater than that. Anything that abuses the rights of minors should definitely pay for all the consequences that come with such actions. Another credible lawyer believes that the abuse of Internet to take advantage of minors for sex, or endangering the welfare of a child, a grave misconduct, especially for another professional who should be smarter than the average person in the society. It is just right to not let any attorneys like Lever to still practice law with such an immoral background.

Published on: February 23, 2012

Day Care Operator Abuses Kids

by Stephen Bilkis

These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a New York sex crime lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. The crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse according to another New York child pornography lawyer is that the daycare center was not registered.

A New York Sex Crime Lawyer said that all of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. The New York sex abuse lawyer backed this all up with formal medical evidence from experts done through proper medical examinations of the children. Many of them already showed suffering from diseases which are sexually transmitted. It was actually very sensitive to discuss but this could be a true learning experience for many and how they would be able to protect their children. The total number of crimes that was perpetrated against him includes twelve kids. This of course means that this case should be well investigated and be well prepared.

Published on: February 22, 2012

Court Rules on Defendant’s Second DWI

by Stephen Bilkis

In this DWI case, the defendant has formerly entered a guilty plea to the charge of driving while intoxicated. The guilty plea of the defendant was found to be satisfactory for other charges like resisting arrest and the failure to undergo a sobriety test. Following the arraignment, the legal counsel of the defendant had filed several motions.

A New York Criminal Lawyer said the motions filed were subsequently contested until a hearing to establish probable cause was scheduled. However, the hearing did not push through on that date. The matter was dismissed later on. On the same day, a conference before the trial was held in chambers with counsels also appearing. During the conference, the prosecution offered the defendant to make a guilty plea on his charges to reduce his sentence if convicted.

Before taking the plea offer of the prosecution, the court advised the defendant of his constitutional right to appear before the jury and stand on trial. The court also advised him that the prosecution had the burden of finding evidence against him. This means that the jury must be unanimous in convicting the defendant.

Published on: February 22, 2012

Court Decides Sex Crimes Case

by Stephen Bilkis

Many cases in court somehow prolong before a decision is called especially when the corroboration is set to be enforced. In this case presented by a New York sex crimes lawyer, the case of Roger Doyle is set to be a rape case but they fight on the non-corroboration of other crimes that he is accused of like larceny, robbery and event assaults. He was believed to have risked the welfare of a child along with committing sexual abuse under the Penal Law which was made effective last September 16, 1967.

The complainant made a testimony against Doyle for intercourse and sodomy. The complainant’s side truly wanted to have the valid conviction of the accused for a case of consummated rape without the case of corroboration. As per the law, any individual can be deemed guilty of sexual abuse in the third degree if he creates sexual contact with another without getting the consent. It was compared to another case such as that of English. In that case though, a consummated rape happened but the accused was acquitted from it and instead was charged for assault, robbery and larceny.

Another Nassau County Sex Crimes Lawyer also compared it to other cases like that of Lo Verde, Young, Moore and Radunovic. In those cases, the rationale presented was still clearly valid for the prosecutors then cannot avoid the requirements of corroboration for the crime of rape. The concept of corroboration requires some limits. It is clear when a rape has happened, the sexual abuse in the third degree would be interdependent with the rape meaning it is related to it in an intrinsic level. This means that it is in aid affecting the crime if there would a testimony that would really prove its relation to it.