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Appeal for rape and sexual assualt conviction

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Yurgee

Member
What is the name of your state (only U.S. law)? NY

There's a person that I know that was just convicted of rape in the 1st degree and sexual assault in the 1st degree and will be sentenced on 8/31. He's to receive a minimum of 5 years up to 25 years.

In New York, is he entitled to an appeal or is there criteria that must be met for him to appeal the conviction?

I have absolutely no idea whether or no he committed the crime, but the jury foiund him guilty. I know that he's not a violent felon and this case was not considered a forcible rape.

I am asking because I believe that he needs help medically with solving his sexual aspects of his life and that by sending him to state prison isn't going to solve his issues.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NY

There's a person that I know that was just convicted of rape in the 1st degree and sexual assault in the 1st degree and will be sentenced on 8/31. He's to receive a minimum of 5 years up to 25 years.

In New York, is he entitled to an appeal or is there criteria that must be met for him to appeal the conviction?

I have absolutely no idea whether or no he committed the crime, but the jury foiund him guilty. I know that he's not a violent felon and this case was not considered a forcible rape.

I am asking because I believe that he needs help medically with solving his sexual aspects of his life and that by sending him to state prison isn't going to solve his issues.


Rape in the 1st:

http://law.onecle.com/new-york/penal/PEN0130.35_130.35.html


OP, I'm not sure you understand the gravity of the situation. If you still think incarceration isn't appropriate, well, there we have it.

Out of interest, what makes you an expert on psychosexual diagnoses?
 

Yurgee

Member
I am not claiming to be an expert. I'm going on this persons past and my thoughts are that he has done inappropriate things in the past where I have never been there but have only heard about them.

In this case all of the parties that were involved that night were doing many drugs and alcohol. It was where he said it was consensual an she said it was not. I would NEVER make light of someone getting raped and all I am asking is if it can be appealed. I believe that there is more to the story after hearing many of the stories that the witnessed have told. Essentially all of the witnesses have been trying to cover their butts because they believed that they could get in trouble for the drug use.

All I am suggesting is that this person needs help and my diagnosis is just a common sense diagnosis based on right and wrong and his past. Many of the people that he has attempted or possibly tried inappropriate things with blew him off. They didn't treat it like this case. I don't thonk that placing him state prison is going to do enough.

My reason for asking about the appeal is because I believe that there is more to the story that wasn't presented by the witnesses. There's one witness that the ADA dropped because he claimed that it would be the same testimony as another witness. I've learned that he knew more.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? NY

There's a person that I know that was just convicted of rape in the 1st degree and sexual assault in the 1st degree and will be sentenced on 8/31. He's to receive a minimum of 5 years up to 25 years.

In New York, is he entitled to an appeal or is there criteria that must be met for him to appeal the conviction?

I have absolutely no idea whether or no he committed the crime, but the jury foiund him guilty. I know that he's not a violent felon and this case was not considered a forcible rape.

I am asking because I believe that he needs help medically with solving his sexual aspects of his life and that by sending him to state prison isn't going to solve his issues.
Are you a physician?
 

Antigone*

Senior Member
I am not claiming to be an expert. I'm going on this persons past and my thoughts are that he has done inappropriate things in the past where I have never been there but have only heard about them.

In this case all of the parties that were involved that night were doing many drugs and alcohol. It was where he said it was consensual an she said it was not. I would NEVER make light of someone getting raped and all I am asking is if it can be appealed. I believe that there is more to the story after hearing many of the stories that the witnessed have told. Essentially all of the witnesses have been trying to cover their butts because they believed that they could get in trouble for the drug use.

All I am suggesting is that this person needs help and my diagnosis is just a common sense diagnosis based on right and wrong and his past. Many of the people that he has attempted or possibly tried inappropriate things with blew him off. They didn't treat it like this case. I don't thonk that placing him state prison is going to do enough.

My reason for asking about the appeal is because I believe that there is more to the story that wasn't presented by the witnesses. There's one witness that the ADA dropped because he claimed that it would be the same testimony as another witness. I've learned that he knew more.

You really don't have a legal issue here.
 

Proserpina

Senior Member
I am not claiming to be an expert. I'm going on this persons past and my thoughts are that he has done inappropriate things in the past where I have never been there but have only heard about them.
Proving there is a pattern of behavior, correct?

In this case all of the parties that were involved that night were doing many drugs and alcohol. It was where he said it was consensual an she said it was not.

And this is where it does seem that you have no idea what actually happened. It is NOT easy for the DA to obtain a Rape 1 conviction without there being a damn good case.


I would NEVER make light of someone getting raped and all I am asking is if it can be appealed. I believe that there is more to the story after hearing many of the stories that the witnessed have told. Essentially all of the witnesses have been trying to cover their butts because they believed that they could get in trouble for the drug use.

I doubt you have the details.

All I am suggesting is that this person needs help and my diagnosis is just a common sense diagnosis based on right and wrong and his past. Many of the people that he has attempted or possibly tried inappropriate things with blew him off. They didn't treat it like this case. I don't thonk that placing him state prison is going to do enough.

No, it's really not. It's speculation based upon thin air.

My reason for asking about the appeal is because I believe that there is more to the story that wasn't presented by the witnesses. There's one witness that the ADA dropped because he claimed that it would be the same testimony as another witness. I've learned that he knew more.

Your friend needs to speak with his attorney.

You need to keep out of it.
 

swalsh411

Senior Member
What you should be doing is providing emotional comfort for your friend and support for him in prison as you are able. (letters, phone calls, visits, funds for commissary, etc).

You should not attempt to interfere in his legal proceedings.

If you are able, you can pay an attorney to evaluate his case and see if there is any chance of the appeal being successful. Based on what you posted, I doubt it.

The "jail is not appropriate because he won't get the help he needs" argument isn't going to work. For one thing, there are programs in prisons for sex offenders. Secondly, having this alleged sexual disorder (which you are not qualified to diagnose) doesn't make the harm inflicted on his victim or society any less nor does it mean he should receive special treatment.

PS. 1st degree rape is a violent crime even if not forcible.
 

Ohiogal

Queen Bee
OP, the time for anything regarding a "medical condition" to come out would be at sentencing (for mitigation purposes) or during the trial for a defense such as not guilty by reason of insanity. However, if evidence wasn't presented, an appeal will not allow it to be presented. An appeal is strictly for matters of mistake of law (improper application or interpretation, abuse of discretion, etcetera) or purposes of ineffective assistance of counsel claims. Mistakes of law must have been caught during the trial (and properly preserved for the record) or be considered plain error. Even then some mistakes of law may be considered harmless. Unless there is a mistake of law that is properly preserved or plain error and is not considered harmless, an appeal will not change anything. The only way an attorney will be able to tell that is if any errors exist is to be hired to do an appeal, file for the appeal, order the transcripts, review the transcripts and determine what exists in the way of errors. If no errors exist, an Anders brief would be filed.

But basically, what you have stated amounts to very little.
 

dave33

Senior Member
What is the name of your state (only U.S. law)? NY

There's a person that I know that was just convicted of rape in the 1st degree and sexual assault in the 1st degree and will be sentenced on 8/31. He's to receive a minimum of 5 years up to 25 years.

In New York, is he entitled to an appeal or is there criteria that must be met for him to appeal the conviction?

I have absolutely no idea whether or no he committed the crime, but the jury foiund him guilty. I know that he's not a violent felon and this case was not considered a forcible rape.

I am asking because I believe that he needs help medically with solving his sexual aspects of his life and that by sending him to state prison isn't going to solve his issues.

He can appeal the conviction, actually his attorney will do the actual appeal.

His prison sentence is not for help. He must serve his time, whether or not he takes
advantage of any prison programs (if any) is entirely up to him.
 

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