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If in a relationship a guy is sexually degrading me and making me do things i dont want to do sexually by verbally abusing me. i

New York, NY |

is this criminal or civil

Attorney Answers 4

  1. I'm not sure it is anything. Is there force? That is what makes it rape.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Unless there is more detail, we cannot make heads or tails about this. Also, a very blunt question you will be asked is "why are you still in this relationship"?

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the Law Office of Reid Seino, LLC. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.

  3. Verbal abuse is unlikely, in my opinion, to rise to the level of criminal conduct. Sexual assault between two adults-- one the aggressor and the other a victim of the aggression-- generally requires some element of force or lack of consent, or proof that the victim suffered some sort of disability that makes it impossible to consent. The degree of force, and whether the victim feared physical harm, is critical. This is particularly true where you indicate that the parties are in a "relationship."

    I would suggest that if you feel you are being victimized in a relationship, you should end the relationship. If you believe that you have been harmed by this person or fear that you will be harmed, you may want to consult with an attorney who concentrates in domestic relations issues. That attorney will hopefully be able to guide you in the right direction-- whether it involves counseling or obtaining a restraining order or possibly contacting the police to pursue criminal charges.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.

  4. It depends - if the verbal abuse constitutes a threat of physical injury, then this may be considered rape. If you feel coerced into sexual contact, the best advise is to leave the relationship. For a full assessment, schedule a consultation with a NYC Domestic Violence lawyer.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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