New York Criminal Lawyer BlogCollege Title IX lawyers and student misconduct attorneys representing clients in cases alleging gender-based misconduct and dating violence accusations know firsthand how the system is not one founded in due process. Simply, university violations, from NYU and Columbia to Pace and Fordham, not only lack the checks and balances taken for granted in the criminal justice system but are enforced by university administrators often lacking the investigative experience necessary to pursue the right leads and effectively parse through the evidence. Couple these factors with a legal threshold that is not beyond a reasonable doubt but a preponderance of the evidence, the subject of an accusation is often left without the tools and recourse necessary to defend him or herself. Fortunately, for a client falsely accused of a horrific rape that morphed into claims she was a monster-like stalker and manipulative predator, after a five month long investigation and ultimate adjudication, the college exonerate our client. Only slightly less gratifying, the college found that the accuser was in fact the abuser leading to a responsible finding and multi-year hold on her diploma post-graduation.
Articles Posted in Sex Crimes
Arrests, Criminal Convictions and FINRA Form U4: Disclosure and NY CPL 160.59’s Conviction Sealing Law
Financial professionals who have taken and passed the Series 6, 7, 63, 65 or 66 exams know that an arrest and conviction can decimate careers regulated and overseen by FINRA. Many of these men and women, however, are unaware that New York State allows people with no more than two criminal convictions, of which only one can be a non-violent felony, to apply to have their criminal record sealed pursuant to NY Criminal Procedure law 160.59. Although not expunged, once the record is sealed, except for some specified organizations and law enforcement agencies, employers and the general public are prevented from “seeing” their past. With the above in mind, the following questions come time mind that are worthy of review with a lawyer versed in New York sealing law. If, for example, you were convicted of Assault, Criminal Possession of a Controlled Substance or even Grand Larceny, must you disclose on your FINRA U4 the old arrest and criminal conviction if you successfully had the same sealed? For that matter, if you already shared the information as broker-dealers are obliged, is there a way to remove these records or prevent FINRA from keeping or sharing your history or taking adverse actions? Simply (albeit, not that simply), before responding to Criminal Disclosure questions 14A and 14B and determining how to protect yourself if you already disclosed a now sealed criminal conviction, it behooves you to discuss your specific matter with a knowledgeable attorney experienced in NYS’s pseudo-expungement law, FINRA’s U4 and relevant statutes including NYS Human Rights Law 296(16).
Coercing Sexual Intercourse: Penal Law 135.61 and the “New” Second Degree Coercion
As of November 2018, New York Coercion laws and crimes have changed. Penal Law 135.61 replaces Penal Law 135.60 as the “new” Second Degree Coercion making the latter statute the Third Degree offense. This class “E” felony adopts much of the language from the lesser misdemeanor but adds a new and critical element that in turn elevates the direct and collateral consequences of an arrest and conviction. Although you should fully examine the law with your attorney to ensure you do not conflate Extortion and Blackmail with any level of this statute, the following provides some basic insight into the definitions, elements and punishment of and for PL 135.61.
I am a Victim of Revenge Porn and My Intimate Image is on Instagram, Facebook and Other Social Media: Removal, Takedown and Fighting Back
If you are a victim of Revenge Porn, Unlawful Disclosure of an Intimate Image (NYC Admin. Code 10-180), Unlawful Dissemination or Publication of an Intimate Image (Penal Law 245.15), Cyber Stalking, Online Harassment, Sextortion, or other victimization, not only is your ex-boyfriend, former girlfriend or whomever is posting your intimate images without your consent, trying to shame and torment you, but they are likely committing a crime and setting themselves up for a lawsuit filed by a Revenge Porn Lawyer they will not soon forget. What gives a harasser and stalker power is they believe that you, the victim of unlawful distribution or publication of your personal and sometimes explicit recordings, pictures and videos, will succumb to shame and humiliation instead of fighting back with an experienced and knowledgeable attorney. He or she will use Revenge Porn as a means to strike at you from afar knowing that your anxiety will intensify every time you access Instagram, Reddit, Snapchat, Youtube, Facebook, Tumblr, or any other social media platform. Whether your tormentor post videos of you engaged in sexual acts or more “tame” images of your naked body, know that you can potentially have these images not merely hidden or blocked, but removed from Google, Bing, and Yahoo search engines. The lift may not be easy and you may have some work ahead, but when you are ready to hire a lawyer familiar with Revenge Porn and Sextortion crimes and statutes, the civil remedies to compensate you for your pain, the means to secure an Order of Protection, and ultimately the ability to remove copyrighted or explicit personal pictures from the internet by way of a DMCA Takedown or other method, you can put the Revenge Porn, Cyber Stalking and Online Harassment campaign against you in your rear view mirror.
I am a Victim of Revenge Porn in New York: Criminal Prosecutions and Civil Damages Pursuant to NYC Admin. Code 10-180
Thanks to the passage of New York City Administrative Code 10-180, Unlawful Disclosure of an Intimate Image, victims of Revenge Porn and the unauthorized sharing of compromising images in New York City – Manhattan, Brooklyn, Queens, Bronx and Staten Island – now can protect themselves in a court of law. Similarly, those abused elsewhere in the state can avail themselves of NY Penal Law 245.15, Unlawful Dissemination or Publication of an Intimate Image. Not only are distributors of intimate images, videos, pictures and other recordings committing a crime, but you, as a victim, can also file a lawsuit to hold them financially accountable for, among other things, punitive damages. Simply, if an ex-boyfriend, former spouse, or even an affair, shares your intimate images that he or she may have lawfully had at some point but were not permitted to send out to friends, business associates or online, a NYC Revenge Porn lawyer can help you secure justice in every sense of the word. No longer will you have to shrug when you ask, “How can I protect myself as a victim of Revenge Porn?”
Harvey Weinstein Arrest and Surrender to Manhattan DA: Possible Crimes of Sex Abuse, Criminal Sexual Act and Forcible Touching
According to multiple reports, initially broken by courtroom sleuth and NY Daily News reporter, Shayna Jacobs, Harvey Weinstein is set to turn himself in on Friday to the Manhattan District Attorney’s Office for arrest and prosecution. Although it is not clear at the time of this writing whether the infamous movie mogul is being charged by way of a felony complaint or indictment, the latter being worse than the former, the notoriety surrounding Weinstein’s alleged sexual predation and his personification of #Metoo have come back to bite him the proverbial ass. Regardless of what ultimately happens, and I remind everyone that as ugly as the allegations have been he is entitled to the same presumption of innocence as any one of us, if Lucia Evans is the complainant for forced oral sex, there are numerous sex crime related felonies and misdemeanors that the disgraced filmmaker may or will likely face. Again, I have no direct knowledge of who the victims might be, what information, if any, prosecutors presented to a Grand Jury or drafted on a felony complaint, or what the evidence the District Attorney possesses. As such, the potential crimes address in this blog may be completely or partially accurate and are, at this time, based on various historical and current news reports.
Revenge Porn Crimes in NYC: Unlawful Disclosure of an Intimate Image and NYC Admin. Code 10-180 (10-177*3)
Whether you reside in New York City, the Hudson Valley or any municipality from Manhattan to Buffalo, Rochester to White Plains, or Syracuse to Albany, you are not immune from predation by would be extorters, coercers, blackmailers, stalkers and harassers. While the New York Penal Law covers these criminal acts as both felonies and misdemeanors, as of the time of this blog entry there is no New York statewide statute covering what is often referred to as “Revenge Porn.” Fortunately, however, thanks to New York City Administrative Code 10-180, Unlawful Disclosure of an Intimate Image, there is recourse for victims of “Revenge Porn” crimes in New York City. In fact, not only can the person sharing your intimate and sexual images without your consent find him or herself charged with a misdemeanor crime (can you say “hello” Rikers Island?), but NYC Admin. Code 10-180 (10-177*3) also provides for civil remedies such as those involving punitive damages, compensatory damages, attorneys fees and injunctive relief so that your harasser ceases sharing and distributing your naked, sexual or intimate images.
New York “Sextortion” and Non-Consensual Pornography Crimes: Potential New York Penal Law Offenses Relating to “Revenge Porn”
Title IX Sexual Misconduct and Relationship Violence: What is Title IX and How is it Applied on College Campuses
Although Title IX and its affiliated policies and procedures governs sexual misconduct and relationship violence related to college and university campuses, it is critical to recognize that an action commenced under Title IX is separate from the criminal justice system. Yes, crimes or harassment, for example, committed at Columbia University, New York University, Pace University, CUNY, Fordham University or any institution can also lead to an arrest and prosecution in Criminal Court as well as a petition for an order of protection in Family Court, each respective university will conduct its own investigation outside of these bodies. Parallel or not, upon completing their due diligence and following the Title IX investigation process, a decision will be rendered, a potential hearing held to ascertain what, if any violation, occurred and the appropriate punishment will be handed down.
This Title IX blog entry will provide a basic understanding of Title IX as it relates to sexual misconduct and relationship violence in the collegiate realm. Significantly more information with greater detail is available on Saland Law PC’s Title IX information page.
Manhattan DA Investigating Ray Kelly’s Son, New York City Newsman Greg Kelly, for Rape
Rookie term Manhattan District Attorney, Cyrus Vance, Jr., has found himself in a position that is anything but envious. According to multiple reports, DA Vance’s main referral source for business, New York City Police Department Commissioner Ray Kelly, is also the father of an accused rapist. Greg Kelly, the co-host of Fox 5’s “Good Day New York,” is alleged to have raped a woman this past October in Manhattan. Although it is claimed that the alleged victim’s boyfriend initially confronted Commissioner Kelly about his son’s unwanted sexual conduct with his roughly thirty-year old girlfriend, the investigation was properly turned over to the District Attorney’s Office to ensure a fair and honest investigation by an agency with no ties to Greg Kelly. Far from atypical and likely the best decision for the investigation into the newsman’s guilt or innocence, Assistant District Attorney’s in the Sex Crimes Bureau will determine how and if the case will proceed to an arrest or indictment.
Obviously, Greg Kelly, through his counsel, strenuously denies the wrongdoing. Although any allegation of a sex crime is potentially debilitating and an embarrassing stigma, should the accused be convicted of a rape crime in New York the actual punishment is much worse than any public shame. While the manner in which Greg Kelly is accused of raping the complainant is not yet clear, there are generally three degrees of this crime. Regardless of the degree, rape must include penetration, aka “sexual intercourse,” even if slight.