Legal Question in Criminal Law in New York
am I guilty?
Recently I was arrested on a sodomy third degree charge. The child a 13 yr. old boy admitted to the police that he was the one who ''coerced'' me. His penis did enter my mouth slightly during his attempt to shove it into my mouth. I made my self clear that I was not consenting and pushed him away. Am I guilty of sodomy in the third degree? Is there a possibility of pressing attempted rape charges on htis minor?
Asked on 7/21/01, 3:15 pm
1 Answer from Attorneys
Peter Bark
Bark & Karpf
Re: am I guilty?
under the fact you give me, you are not guilty of sodomy. In order to be guilty, the act on your part must be voluntary. If you did not consent, express or implied, to his action, then you are not guilty.
Answered on 7/23/01, 1:14 pm
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