Sex Crimes

Published on: July 20, 2012

Counsel Withdraws From Appellate Case, Arguing No New Issues To Raise on Appeal

by Stephen Bilkis

A man plead guilty to numerous counts involving possession of child pornography. Specifically, his plea agreement included five counts of possessing a sexual performance by a child and four counts of promoting a sexual performance by a child. The Broome County Court sentenced him to six months in jail and a probationary term of ten years. He was also required to register as a sex offender upon his release.

After leaving jail, the felon failed to register as required by the Sex Offender Registration Act. He was then charged probation violation for failing to comply with this requirement. He plead guilty to the charge and as such his probation was revoked. He was then sentenced to a prison term of 1 1/3 to 4 years for each count of the original indictment, with the sentences ordered to run concurrently.

Published on: July 17, 2012

Defendant Files Case in New York Supreme Court Regarding SORA Classification

by Stephen Bilkis

In August 2002, a man was accused of sexually molesting a 15-year-old girl in Florida. Five months later, he participated in an armed robbery of another Florida home. He pled guilty to both crimes and was sentenced to five years in prison. After being released, he moved to Green County, New York. The Board of Examiners of Sex Offenders completed a risk assessment which classified him as a Level One offender.

The prosecutor later argued that the Board failed to assign an additional 30 points based on the felon’s conviction for the home 2003 home invasion. County Court determined that the robbery, while not a prior crime, should still be considered as an aggravating factor which would justify upgrading his classification to a Level Two offender. He subsequently appealed this decision to the New York Supreme Court Appellate Division, Third Department.

Published on: July 12, 2012

New York Appellate Court Determines Whether Sufficient Evidence Was Presented at Trial

by Stephen Bilkis

A was charged with eight counts involving different sex crimes. The charges were based on claims that he had sexually abused another child who rode the school bus with him on different occasions in 2005, 2006 and 2007. Mr. A was convicted of three counts of committing a criminal sexual act in the first degree and two counts of first degree sexual abuse. He was sentenced to 15 years in prison and subsequently appealed his case to the Supreme Court of New York Appellate Division, Third Department.

The appellate court was charged with determining whether the evidence presented at trial was sufficient to warrant a conviction. Mr. A’s criminal defense attorney argued that while his client admitted engaging in inappropriate sexual contact with a minor child, the evidence did not prove that he ever compelled the victim to participate through verbal or physical force. Under New York Penal Law, forcible compulsion must be considered from the victim’s perspective and weighed against their age, the size and strength of the person perpetrating the unlawful sex acts and their relationship to the victim.

Published on: June 22, 2012

New York Court Discusses Presence of Consent in Sex Case

by Stephen Bilkis

Frank G was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified as E felonies and the sexual abuse count as a Class A misdemeanor. The counts were all categorized as statutory in nature due to the ages of the victims, who were 16, 14 and 13, respectively.

Mr. G’s criminal defense attorney filed a motion with the Albany County Court to dismiss the indictment because of insufficient evidence. According to Section 130.16 of the New York Penal code, a person cannot be convicted of consensual sodomy, attempted consensual sodomy or a similar sex crime that includes lack of consent as an element if the failure to consent stems solely from the victim’s age. In cases of sexual abuse, molestation or other sex crimes involving an underage victim, the child’s testimony must be supported by additional evidence to prove that sexual contact occurred or was attempted. Essentially, the defense argued that the victim’s testimony should not be considered sufficient on its face value to render an indictment since they were all underage when the alleged sex crimes occurred.

Published on: June 21, 2012

NY Court Reviews Risk Assessment Level of Defendant Under SORA Guidelines

by Stephen Bilkis

Michael H was found guilty of six counts of first degree sodomy, one count of attempted first degree sodomy, two counts of second degree sodomy and one count of first degree sexual abuse. Following his conviction, the Board of Examiners of Sex Offenders recommended designating Mr. H as a risk level three sexually violent offender upon his release. Mr. H’s criminal defense lawyer requested a risk assessment hearing to determine whether he should be assigned to risk level two based on the evidence.

According to trial records, Mr. H was convicted on sex crimes charges for committing improper sexual acts with five boys, aged 11 to 15. Apparently, Mr. H had convinced the boys to run away from home and go to a shack in the woods near Pelham Bay, where the sexual offenses occurred. At the time the sexual acts were committed, Mr. H was 19. He received a sentence of 8 1/3 to 25 years with a release date of November 7, 2011.

Published on: June 19, 2012

New York Appellate Court Determines If Constitutional Violation Exists in Publishing Name of Victims

by Stephen Bilkis

James B, an established Broadway actor, was charged with the sexual abuse of a 15-year-old girl in 2001. His attorney, Ronald P. Fischetti, filed a petition on his behalf challenging an order from the Supreme Court which prohibited the defense from publishing the victim’s name in order to investigate her credibility.

A complaint was first filed against B on April 4, 2006. On October 30, 2006, he was indicted on charges of third degree sexual abuse and committing a criminal sexual act in the third degree. His arraignment hearing was scheduled for December 6, 2006. The day before the arraignment, the District Attorney’s office gave information about the case to the New York Post and the New York Daily News. The news coverage that followed painted B in a negative light and described the alleged sex crimes involved. Both newspaper articles included a telephone number and encouraged anyone with similar complaints about B to call. The day after the articles were published, the New York Post reported that another girl had come forward to claim that B had engaged in improper sexual conduct with her when she was 13.

Published on: June 18, 2012

New York Appellate Court Rules that State of Mind is Not Relevant, Rather the Act Itself in Sex Crime Case

by Stephen Bilkis

Edgar B was convicted of two counts of second degree sodomy for four instances of improper sexual contact with three young boys. Mr. B was sentenced to two consecutive terms of 3 ½ to 7 years. Each victim testified that he had allowed Mr. B to engage in oral sodomy in exchange for a trip to the movies or an amusement park.

Charges involving one of the victims, identified as Dennis M., were dismissed after the boy recanted. He claimed that he had falsely accused Mr. B after being intimidated by the police. In the case of the two other victims, Angel J. and Manny O., Mr. B was convicted of the sodomy charges.

Published on: June 17, 2012

New York Court Discusses Sex Case Where Defendant is a Minor

by Stephen Bilkis

Anne-Marie P., a juvenile, was charged one count of first degree sodomy, two counts of first degree sexual abuse, two counts of third degree sexual abuse and one count of sexual misconduct. These crimes were allegedly committed against Megan H., who was six years old at the time she testified. The court was satisfied in her ability to offer sworn testimony. The case went to trial in Family Court.

Megan testified that the juvenile defendant pulled down her pants and penetrated her vagina using her fingers. She also stated that the defendant put her mouth on her breasts and touched her behind. According to the victim, she attempted to escape the room where the inappropriate sexual contact took place. She also said she did not give Anne-Marie P. permission to do these things.

Published on: June 15, 2012

New York Court Dismisses Case Due to Failure to Preserve Evidence in Sex Crime Case

by Stephen Bilkis

Francis M was charged with one count each of first degree sodomy, first degree robbery, first degree sexual abuse and two counts of criminal weapon possession in the fourth degree. The crimes allegedly occurred on June 13, 1976 but Mr. M was not indicted until January 24, 1980.

Mr. M’s criminal trial for the robbery and sex crimes charges began in September 1980. The proceeding ended in a mistrial due to a hung jury. The primary piece of evidence presented by the prosecution was the victim’s identification of Mr. M.

Published on: June 14, 2012

New York Appellate Court Finds Prosecution Failed to Prevent Prejudicial Evidence from Being Admitted in Sex Crime Case

by Stephen Bilkis

On September 4, 2009, J M was convicted of one count each of first degree rape, third degree rape, attempted criminal sexual act in the first degree and attempted criminal sexual act in the third degree. Mr. M appealed his conviction to the New York State Supreme Court Appellate, Second Division based on a claim of ineffective assistance of counsel.

According to trial records, Mr. M was charged with raping a 16-year-old girl who frequently baby sat for him and his girlfriend in their home. The girl claimed that Mr. M raped her one evening when she stayed overnight at the residence.