Sexual Assault Awareness Month serves as an important reminder to everyone of the reality of Sexual assault. It reminds us that there are people among us who are victims, and there are people among us who are abusers. Ultimately, the awareness of the topic can help victims, prevent future abusers and victims, and ultimately, demand a safer and more just world from one another. 

SAAM shouldn't be all negative. Increased awareness and changes to laws here in NYS and beyond have offered some signs of justice to victims. According to RAINN, More survivors are coming forward and seeking help due to heightened public awareness. 

Organizations like RAINN have supported over 5 million people since 1994 through their hotline and services, helping an average of 27,000 people monthly (and over 460,000 in 2024 alone). This shows growing access to survivor support.

If you or someone you know is a victim of sexual assault, the first thing to do, once safe, is to go to a hospital. You can get medical attention and be provided with free testing to help you collect evidence of the crime. The Office of Victim Services in NYS will cover the fees of any forensic exam. You have the right to a rape crisis advocate at the hospital.

Talking to a trained advocate as soon as possible can help to facilitate next steps, whether you choose to go to the police or not. 

Here is a list of resources:

New York State Domestic and Sexual Violence Hotline (covers sexual assault):

Call: 1-800-942-6906 (English & Spanish/multi-language)

Text: 844-997-2121

Chat: Available on opdv.ny.gov

(Deaf/Hard of Hearing: 711)

Safe Horizon Rape & Sexual Assault Hotline (especially strong in the NYC area, but helps statewide): 212-227-3000 (24/7)

National Sexual Assault Hotline (RAINN):

1-800-656-HOPE (4673) or online chat at rainn.org (they can connect you to local NY services)

Campus-specific (if this happened at a NYS college):

NYS Police Campus Sexual Assault Hotline: 1-844-845-7269

As criminal defense attorneys, we are typically on the other side of these cases. We defend those who are charged with sexual assault and other crimes. When someone is charged with sexual assault, as with any crime, they are considered innocent until proven guilty. 

Someone accused of a crime's rights cannot be infringed upon in any way, and that's something we analyze for our criminal defense at DuBois Law. Today, we want to give you a look at how this works in New York State. It's our job to not only defend you when you need it, but to educate you on how the law works so that it makes our job easier when the time comes to be by your side.

In this blog, we will take a look at why due process matters so much in sensitive cases of sexual assault and how the laws work in New York State regarding it.

How Does Sexual Assault Work Under New York State Law?

This topic comes with a level of understanding that we want to instill within everyone we educate or defend. Sexual assault is often used as a broad, umbrella term. Meaning that it can be a word or phrase that covers a broad category of related concepts rather than referring to one specific thing. Under New York State law, there is no statute labeled “sexual assault.” A range of offenses fall under Article 130 of the New York Penal Law, including rape, sexual abuse, and criminal sexual acts. There's more information here to read about if you're interested!

Sexual misconduct, as an example, is when a person engages in sexual intercourse or other sexual acts without proper consent. At the more severe level, crimes like predatory sexual assault involve aggravating factors such as physical injury or prior offenses, and can carry life sentences. These definitions and criteria show that New York State treats allegations of sexual misconduct very seriously and gives severe penalties when the crimes are proven.

Explaining How the Legal Framework Works for These Crimes

In New York State, there's a legal framework for how these crimes work and how they get charged, and we want to break that down. Allegations are something to take seriously, but it also has to operate within that legal framework and protect the rights of those who are accused. This is something we go into great detail about on our Sex Crimes page. 

False Allegations, Defenses, and Due Process

When it comes to criminal defense, one of the primary foundations of the legal system is the presumption of innocence, where every defendant is considered innocent until proven guilty. In the case of sexual misconduct crimes, this is a principle that's very important because it heavily ties in with lack of consent, which is an element of these crimes that always has to be analyzed. Prosecutors have to prove beyond a reasonable doubt that a crime occurred without consent. This would lead to false allegations happening for reasons such as: 

• Mistaken identity

• Misrecollection of events

• Misleading forensic evidence

• Official misconduct

• Malicious false accusations

In some situations, defendants may feel they haven't had a full opportunity to have their case evaluated through the court process. This is why we're committed to defending individuals who may not feel they've had a full opportunity to present their case. We approach every case without judgment and focus on ensuring your perspective is fully and fairly represented. 

When it comes to legal defenses, as defense attorneys, we evaluate each case carefully to determine what legal defenses may apply. Entrapment is when law enforcement induces someone to commit a crime they were not otherwise predisposed to commit. It's a rare example for us to defend against, but it does happen. 

Let's talk about the evidence, because that's where things can be turned over quickly. DNA and forensics can really help when it comes to showing proof, even though the case may still proceed based on the testimony and other context. Those are just a few examples, and you can read more on our website.

How does due process play into this? These cases can sometimes be very personal and can offer conflicting accounts of what happened. Due process protections are the safeguards put in place to give defendants the ability to have a fair trial. It gives accusations the ability to be investigated, evidence is allowed to be challenged in court, and decisions can be made by judges and juries who are impartial. Without all of this, the ability for wrongful convictions to happen could multiply. 

The legal framework of New York State's laws reflects a balance that hope to see in all cases. Sexual assault awareness efforts are vital in encouraging and supporting those who survive these criminal acts, along with promoting education about consent and respect. At the same time, awareness must coexist with a commitment to due process. If you're someone who's looking for more clarification about these scenarios or needs a defense, give us a call and reach out through our contact form.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.