In a recent rape case before an appeals court in New York, the defendant asked the court to find that he had received ineffective assistance of counsel during his trial for rape in the second degree. Originally, the defendant was charged by indictment after evidence supported a showing that he had engaged in sexual relations with a 14-year-old girl several times. During the trial, the defendant thought his attorney should have made more objections to the evidence that the State asked the jury to consider. Ultimately, the defendant lost at trial, and he was convicted and sentenced accordingly. On appeal, the court considered the defendant’s argument and disagreed that his counsel was inadequate. The defendant’s conviction was affirmed.
Facts of the Case
According to the opinion, the defendant was a man in his 40s who knew the victim and her family. As the defendant and the victim spent more time together, the defendant disclosed to the victim that he was having trouble in his marriage. Eventually, the defendant and the victim began engaging in sexual relations, and the State police received a report that the defendant was sexually abusing the minor.
When the defendant was charged, he was taken in for an interview with the police. At that point, he was given Miranda warnings, and he cooperated fully with the investigators. Later in the day, the defendant provided a written statement admitting that he had been having sex with the victim in the case.