New York Criminal Lawyer Blog
In this Criminal case, defendant filed an appeal from a judgment of the Nassau County Court, convicting him of rape and sodomy in different degrees.
A Nassau County Criminal attorney said that following defendant’s arrest in connection with the alleged sexual assault upon the 14 year old female complainant, the defendant gave a statement in which he admitted that he and the codefendant had, in one evening of January 1984, offered the complainant a ride in their car, given her alcoholic drinks, and then taken her to a secluded location where the two men had sexual intercourse with her in the back seat of the car. The defendant claimed, however, that he was not aware of the age of the complainant and that she had consented to sexual activities.
The Court addressed the defendant’s claim that the People failed to satisfy their burden of demonstrating that Nassau County had the necessary geographical jurisdiction over the prosecution of this case. The Court concluded that the evidence was sufficient to support the jury’s implicit finding that the exact location of the incident was unknown and that the People were entitled to rely upon the “private vehicle exception”. The defendant’s challenge to the propriety of the court’s charge on the issue of jurisdiction has not been preserved for review as a matter of law.
The defendant’s claim that there was insufficient legal evidence to prove forcible compulsion is without merit. Viewing the evidence in the light most favorable to the prosecution, as a must, the testimony of the complainant regarding the circumstances of the joint attack upon her, together with the medical testimony regarding the bruises discovered about her perineal area and hymen ring, were more than sufficient for the jury to find that the sexual acts were the product of forcible compulsion.
Abusing a person sexually will be a traumatic experience. Here in Stephen Bilkis and Associates, we help these helpless victims to pursue a criminal action in court. We have Nassau County Sex Abuse attorneys who will represent the victims in court and file a criminal complaint against the assailant. We also have Nassau County Child Pornography lawyers who will defend the innocent children from the acts of exploitation made by others.