Law Offices of David A. Kapelman, P.C.

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(212) 563-2010

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Law Offices of David A. Kapelman, P.C.

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If you or a loved one has experienced sexual assault, we recognize the pain and distress involved and seek to help you claim sexual assault as firmly as possible. Under the protection of the top assault victim lawyer in New York, we will confidently seek justice for any outrageous crime that has been committed to you. Having a rape assault lawyer by your side will ensure that the pertinent facts are established and that the perpetrator receives the maximum sentence allowed by the law.

What Counts As Sexual Assault?

In cases of a general assault, the crime generally consists of the use of physical force or a weapon. However, in cases of sexual assault, using a weapon or force is not necessary. In any situation where an individual has engaged in sexual contact without that person’s consent, sexual assault has been committed. Under New York State law, there are three different types of sexual assault that fall under the level of a felony. These include first, second, and third-degree rape.

In New York, rape in the first degree may result in up to twenty-five years of prison. A person may be convicted of rape in the first degree if they have forced someone into intercourse utilizing force, and the victim falls under various conditions. These conditions include being either physically helpless or under the age of eleven. Additionally, if the perpetrator is eighteen years or older and the victim is thirteen years or younger, the person charged may face up to twenty-five years in prison.

The second-degree rape classification is reserved for instances of rape where the victim is less than fifteen years old while the perpetrator is over eighteen years old. Second-degree rape is also charged when a person could not have consented to intercourse because they are mentally incapacitated. Second-degree rape is classified as a felony in New York. The maximum sentence of a first-time felony offender is seven years in prison and a minimum of two years. Sentences for repeat offenders will be more severe.

Third-degree rape is a felony with a potential sentence of up to four years in prison. Under New York Law, a person commits third-degree rape if they engage in sexual intercourse with someone incapable of consent. In New York, the court will determine whether there was the ability to consent in two ways. The two points considered are the victim’s age and whether they were intoxicated.

While rape is likely the most known type of sexual assault, other sexual assaults also occur, and these are also outlined by New York State law. Different types of sexual assault include facilitating a sexual offense with a controlled substance, sexual abuse, forcible touching, criminal sexual acts, sexual misconduct, and sexual conduct against a child.

Our Experienced Sexual Assault Lawyer Is Here To Help

David A. Kapelman is a New York City sexual assault lawyer who provides compassionate yet aggressive representation for victims and families. With over 40 years of experience exclusively representing injured people and their families, David A. Kapelman knows how to assess each case fully. His experience includes reviewing investigative reports, police reports, and medical records. David is also efficient in speaking to witnesses and health care providers, consulting with security experts, assessing liability, and considering all possible legal and medical issues. With the knowledge and leadership of New York’s top sexual assault lawyer, we confidently present compelling cases and obtains the best possible compensation for our injured clients.

Common Cases Handled

Public schools and colleges are common locations for sexual assault. These institutions are under strict standards for reporting sexual assault. Therefore, a school district may be held responsible for rape or sexual assault if it happened on school property or at a school event. These cases may include:

  • Women who have been raped or sexually assaulted due to the negligence of their schools and colleges.
  • Children who have been sexually assaulted in school or on school buses.
  • Children who have been sexually assaulted at camp or during after-school programs.

Sexual assault happens anywhere and everywhere. However, many cases may occur at a church, a restaurant or club, a person’s place of employment, or nursing homes. No matter the location or precise circumstances of your sexual assault case, if you or a loved one has been raped or assaulted, contact David A. Kapelman, P.C.

Call David A. Kapelman, P.C. for a FREE CONSULTATION if you or your loved one has been a victim of sexual assault. You will not be charged any attorney’s fees unless we recover damages for you. Expenses may be payable at the conclusion of your case. Hablamos Espanol.

David A. Kapelman, Esq.

Call For A Free Consultation
(212) 563-2010

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