New York Criminal Lawyer Blog
The man is charged with the offense of rape in the first degree and incest. However, the man moved his legal action for certain relief, discovery and inspection as well as dismissal of the accusatory instrument.
The man alleged that the provisions of penal law are unconstitutional and therefore the first count of the instant charge is defective and the motion to dismiss is proper.
A New York DWI Lawyer said the man based his argument on the constitutional guarantees of equal protection of the laws and due process of law under the applicable constitutional provisions. The two pronged attack states first that the statute is gender based and the format of that law therefore penalizes males because of their sex, while females similarly situated are not affected. It also denies to young male potential victims the protection it affords to young women, all without reasonable cause. Moreover, the counsel of the man further asserts that the law distinction in the instant case is based upon archaic notions and sexual stereotypes and cannot survive rational analysis.
The man consequently argues that since by its language considered a person incapable of consent if under 17 years of age. The court apparently does not find any violation of man’s right to due process under either federal or state constitutional guarantees. Indeed, under the alleged factual allegations, the rape victim is a female, 10 years of age, and the law is well within one of the stated purposes of the penal law. A New York DWI Lawyer said if the legislature, in its wisdom can provide for the legal incapacity of persons under 16 to be criminally responsible for adult crimes they may commit, they are surely justified in protecting certain persons from sexual abuse on a similar rationale. The man’s motion to dismiss the indictment as legally defective on this ground is denied.
The man’s argument about the clause of denial of equal protection in the constitutional sense has been previously met on the same issue by the same. For the reasons exhaustively and briefly stated that the court denies the man’s motion to dismiss the instant charges as being defective and holds that the classification inherent in the rape law is a rational and reasonable distinction by the legislature and such statute is not unconstitutional. The court is not disposed to disregard the physiological reality in favor of man’s cavalier assumption that such a proscription is archaic and grounded in sexual stereotypes.
The man’s counsel’s assertion that at the age of ten, the average female is proportionally larger, stronger and more mature than the average male, however, the penal law does not legislate against a 10 year old boy raping a 10 year old girl. A Nassau County DWI Lawyer said the 10 year old boy would not be criminally responsible for his actions. Based on records, the first stage of rape reached by the decree would be the 16 year old male having sexual intercourse with, in the facts of the case, a 10 year old girl. The court suggests that the man’s counsel may search high and low and will not find any such voluminous authority which would show that the average 10 year old female would be larger, stronger and more mature than an average 16 year old male.
Evidently, such a sanction becomes even more rationally necessary as the age difference varies. Another allegation in the in the charges of incest and the court consequently can only assume that man is much older than 17 if he has a 10 year old daughter. Throughout, the penal law makes a viable sociological recognition of social and sexual realities based upon the respective ages of the parties.
Younger people nowadays engage in sex and this is why they also involved themselves with sex related crimes. Some people with mental illness commit crime because of their condition but sometimes they intentionally commit unlawful actions and used them as an alibi. If you want to help your loved one with their problems regarding the crime they committed, you can ask the NYC Criminal Lawyers or NYC Sex Crime Lawyers at Stephen Bilkis and Associates to represent them with their lawsuits.