In a recent case involving a New York Sex Crime , the defendant successfully appealed his conviction of predatory sexual assault against a child. The defendant was originally found guilty in November 2016, after he went through a jury trial based on his charges and received an unfavorable verdict. He was sentenced to time in prison, but he successfully appealed the decision.
Facts of the Case
According to the opinion, the defendant sexually abused several children below the age of 13 at his residence in New York. The year before he was charged, the defendant watched the children various times in his home, given that the children’s parents were neighbors of his and used the defendant as a babysitter when they had to leave the building. On several different occasions, the children’s parents had dropped them off at the defendant’s home, and he had committed some kind of predatory sexual assault on the children during these visits.
The defendant was convicted of two counts of predatory sexual assault as well as endangering the welfare of a child. On appeal, the defendant argued that the predatory sexual assault conviction should be reversed, and the court ended up agreeing with his argument. According to the defendant, an individual is only guilty of predatory sexual assault against a child in the first degree when he commits the crime at least twice over a period of three months or more. Here, said the defendant, while there was evidence that he had assaulted the children in question, there was insufficient evidence to support the claim that this activity had happened over a period of at least three months. Thus, the defendant’s actions did not align with the definition of the crime, and his conviction should be reversed.