Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Sex crime law covers a wide range of offenses that involve sexual conduct, unwanted sexual contact, or sexual activity with a person who cannot legally consent. In Brooklyn - which is part of Kings County, New York City - these matters are prosecuted under New York State law and handled through local police and the Kings County District Attorney. Cases range from misdemeanor-level offenses to serious felonies, and they often involve sensitive evidence, victims who are minors or vulnerable adults, and significant legal consequences beyond jail time.
Sex crime allegations trigger high stakes and fast-moving procedures. You may need a lawyer if you are arrested, under investigation, interviewed by police, subpoenaed, or served with an order of protection. A lawyer can protect your constitutional rights, advise about whether to speak with investigators, preserve evidence, challenge unlawful searches or statements, negotiate pretrial resolutions, and prepare defenses for trial. If you are a victim, a lawyer or victim advocate can help you understand reporting options, navigate criminal and civil remedies, request protection orders, and pursue compensation or confidentiality protections.
Key legal elements relevant in Brooklyn include the following.
- New York Penal Law Article 130 sets out most sex-related offenses - including rape, sexual assault, sexual abuse, criminal sexual act, aggravated forms, and offenses involving minors.
- Age of consent in New York is 17 years. Sexual conduct with someone under the age of consent can lead to serious statutory offenses, with enhanced penalties if force or coercion is involved.
- The Sex Offender Registration Act - commonly called SORA - requires registration for many who are convicted of qualifying offenses. Registration requirements and risk levels affect housing, employment, travel, and public notification; details depend on the offense and court findings.
- Evidence often includes medical records, DNA testing, cellphone records, text messages, social media content, video or audio recordings, and witness statements. Chain of custody and proper forensic handling matter greatly.
- Miranda rights, search-and-seizure law, and rules on custodial interrogation apply during police encounters. Illegally obtained evidence or coerced statements may be suppressed with the right motions.
- Prosecutors in Kings County decide whether to bring charges after investigation. Prosecutorial practice and plea offers vary by office and by case facts.
- Collateral consequences can be extensive - including mandatory registration, immigration issues for non-citizens, loss of professional licenses, restrictions on child custody, housing and employment problems, and social stigma.
Sex crimes include a spectrum of offenses such as rape, sexual assault, criminal sexual act, sexual abuse, exploitation, indecent exposure, public lewdness, and offenses involving minors like statutory rape or possession and distribution of child pornography. The precise classification depends on the conduct, the ages of those involved, and the presence of force or coercion.
Remain calm, be polite, and clearly state that you wish to remain silent and want to speak with an attorney. Do not answer detailed questions without legal counsel. If arrested, request a lawyer immediately and do not consent to searches of your phone or property. Contact an experienced criminal defense attorney as soon as possible.
Yes. Consent is a central issue, but prosecutors may charge when there is a credible allegation that consent was absent, withdrawn, or impossible. Cases often hinge on disputed accounts, credibility, timing, corroborating evidence, and the willingness of witnesses to testify. Legal counsel can evaluate defenses and challenge inconsistencies in the prosecution's case.
The age of consent in New York State is 17 years. Sexual activity with someone younger can result in statutory offenses, even if both parties claimed consent. There are also specific rules for teachers, caretakers, or other authority figures and for significant age differences.
Prosecutors use medical and forensic evidence, DNA results, witness statements, victim statements, photographs or video, phone and electronic records, location data, text messages, social media posts, and expert testimony. Forensic timelines, injury documentation, and corroborating digital evidence are often critical.
Penalties vary by offense and can include jail or prison time, fines, probation, counseling, and community service. Beyond criminal sentences, people convicted of sex crimes can face mandatory sex-offender registration, difficulties in employment and housing, loss of professional licenses, restrictions on contact with minors, and immigration consequences, including deportation for non-citizens.
Registration depends on the specific conviction and statutory triggers. SORA and related processes evaluate the offense and may require registration for a set time or life. The level of registration and duration are based on the offense and sometimes on a risk assessment. An attorney can explain whether registration will apply and how to address it.
Yes. Texts, photos, direct messages, posts, location tags, and other digital content are commonly used as evidence. Deleting content after an allegation can lead to additional charges for tampering or obstruction and may be used against you. Preserve relevant records and consult counsel before altering or deleting evidence.
Bail and pretrial release depend on the charge, criminal history, flight risk, danger to the community, and local practice. Some serious sex offenses make pretrial release more difficult, while other cases may allow bail or supervised release. An attorney can argue for release conditions tailored to your situation.
Look for attorneys with specific experience defending sex-offense cases in Kings County and familiarity with local prosecutors, judges, and forensic experts. Ask about trial experience, past case results, strategy for evidence preservation, resource access for expert witnesses, fee structure, retainer terms, and whether they can arrange a free consultation. Consider multiple consultations before deciding.
- Kings County District Attorney - the local prosecutor that handles felony and serious misdemeanor charges in Brooklyn.
- New York City Police Department - the primary investigative agency that may take initial complaints and gather evidence in Brooklyn.
- New York State Division of Criminal Justice Services - oversees databases and may have information about sex-offender registration rules.
- New York State Unified Court System - provides information on criminal procedure, local court locations, and filings.
- Office of Victim Services - provides compensation and support services for victims of crime in New York State.
- Safe Horizon and other local victim advocacy organizations - offer counseling, crisis intervention, and assistance with victim rights and protective orders.
- Legal Aid Society, Brooklyn Defender Services, and Neighborhood Defender Service of Harlem - provide public defense and resources for eligible defendants and may have units that handle serious cases.
- Local family justice centers and sexual assault response teams - offer coordinated services for victims including counseling, forensic exams, and legal assistance.
If you are accused or under investigation - immediately ask for a lawyer and avoid discussing the case with police, prosecutors, or on social media. Collect and preserve evidence that may support your defense - such as texts, call logs, photos, witnesses, and location data - and provide these to your attorney. Do not delete electronic records.
If you are a victim - seek medical care as soon as possible, consider preserving evidence, and contact a victim advocate or attorney to discuss reporting options and protective measures. You may be entitled to compensation, counseling, and a protective order.
For both victims and those accused - schedule a consultation with an attorney who has specific sex-crimes experience in Brooklyn. Ask about strategy, potential outcomes, timelines, fees, and how the lawyer will protect your rights. If you cannot afford a private attorney, ask about eligibility for a public defender or local legal aid services.
Act promptly - sex-crime matters often move quickly and involve perishable evidence and time-sensitive legal steps. Early legal guidance improves the chance of a better outcome.
