Is Groping a Felony in New York?
Criminal groping, also known as forcing touching or fondling, is defined under New York law as touching the sexual or intimate body parts of a person without their consent. Groping may include non-consensual touching, squeezing, pinching, or grabbing of the private parts of another individual.
In New York, groping or forcible touching is not a felony, but a misdemeanor, as long as the perpetrator is a first-time offender. Pertaining to this, if an individual has been convicted of this offense in the past, they could be charged as a repeat offender. In this case, the offense will be termed as “persistent sexual abuse,” which is a felony.
What Constitutes Groping in New York?
Like any other form of sexual assault, criminal groping involves subjecting the victim to sexual contact without their consent. Furthermore, unlike other forms of sexual assault, such as rape, groping does not involve penetration. You could be fully clothed at the time of the incident, and yet you may suffer from forcible touching or groping.
Under New York law, as long as the offender intentionally touched your private parts without your consent for sexual gratification, they can be charged with criminal groping. Intentional touching means that the act was not accidental, and the offender purposely or consciously touched your intimate parts.
The law does not specifically describe what might constitute as “intimate or private parts” but New York courts in the past have interpreted groping to include forcible touching of parts such as the victim’s buttocks, breasts, vagina, or penis.
Where can a Groping Offense Take Place?
Groping could occur at any public or private place, including a home, workplace, university, nightclub, movie hall, shopping mall, museum, library, religious place, hospital, moving bus or train, or a bus stop. Importantly, the law in New York allows the survivors to file a civil lawsuit for claiming financial damages, apart from criminal charges.
No matter whether the perpetrator of groping in your case is charged with a misdemeanor or felony, you should be prepared to file a civil lawsuit to seek financial compensation from them as an individual or an institution. Highly rated sexual assault attorney Michael S. Lamonsoff, Esq. has decades of experience and a strong track record of achieving successful outcomes in civil lawsuits for the survivors of sexual groping in New York.
Absence of Consent
One of the key legal elements in cases of groping or forcible touching is to prove that the survivor's consent was not involved in the act. Notably, the burden of proof in sexual offense civil lawsuits to claim financial compensation and bring the perpetrator to justice lies on the survivor.
For this reason, you should be prepared to hire a dedicated and seasoned attorney who knows what it takes to establish a compelling case with robust evidence to protect your rights in these cases.
Attorney Michael Lamonsoff will explore all aspects and all circumstances surrounding the incident to show lack of consent. Whether groping occurred through forcible compulsion, whether you or a loved lacked the capacity to consent, or whether there was an absence of any express or implied consent from your side – in all these instances, there was no consent.
Let us Help You Achieve a Sense of Closure through a Civil Lawsuit
At the Law Offices of Michael S. Lamonsoff, Esq, we are determined to seek maximum financial damages in sexual assault cases, such as groping, and bring the perpetrators to justice. Now with the passage of New York Adult Survivors Act and Child Victims Act, we are prepared to utilize the full force of law to help you achieve the best possible outcome.
Our team, led by highly qualified and experienced attorney Michael S. Lamonsoff, has a successful track record of obtaining the highest possible awards for the victims in these cases, and helping them secure a sense of closure. Call us at 212-962-1020 or fill out our online contact form to schedule a free and confidential consultation with us today.