Attempted Sexual Assault Defense in New York Resulting in a Full Acquittal

The client, a working professional with no prior criminal record, was accused of attempted sexual assault and sexual abuse following an encounter at a private entertainment venue in New York.

Prior to the meeting, the client received communications from the venue operator stating that physical contact would be permitted if a gratuity was provided, and the client relied on these representations when deciding to visit the location.

During the encounter, physical contact occurred under what the client believed to be mutually agreed terms, including conduct that the complainant later acknowledged was linked to payment expectations.

After the complainant demanded additional compensation and the client refused, the complainant abruptly left the room and shortly thereafter contacted law enforcement, alleging that the client had attempted to sexually assault her without consent.

As a result, the client was arrested, charged, and formally prosecuted for attempted sexual assault in New York.

Two central legal issues defined this attempted sexual assault case under New York law.

First, the case required a determination of whether the physical contact was voluntary or the result of force or coercion, which is a decisive factor in establishing criminal liability for attempted sexual assault.

Second, the credibility of the complainant’s report was closely scrutinized, particularly whether the allegation stemmed from genuine fear or from a financial dispute following a disagreement over payment.

In New York attempted sexual assault prosecutions, where intent rather than completed conduct is often the focal point, inconsistencies in testimony and motive can significantly undermine the prosecution’s burden of proof.

Defense counsel secured recorded phone conversations between the client and the venue operator that occurred before the incident.

In these recordings, the operator explicitly described that physical contact would be permitted in exchange for payment, directly contradicting the prosecution’s theory that any contact must have been non consensual.

These recordings were lawfully obtained and admissible under New York law, and they demonstrated that the client entered the encounter with a reasonable belief that the interaction was consensual.

This evidence significantly weakened the prosecution’s argument that the client possessed the criminal intent necessary to support an attempted sexual assault charge.

The defense also obtained recordings of conversations between the complainant and the venue operator immediately after the incident.

In these conversations, the complainant focused on frustration over not receiving additional payment rather than describing fear, coercion, or sexual assault.

Notably, there was no mention of attempted sexual assault in the immediate aftermath of the encounter.

Under New York law, discrepancies between contemporaneous statements and later sworn allegations can substantially erode credibility, particularly when no physical or forensic evidence exists to support the claim.

Defense counsel obtained written statements and trial testimony from venue staff who were present before and after the encounter.

Multiple witnesses stated that the complainant voluntarily engaged in physical contact with the client and did not appear distressed during or immediately following the interaction.

Some witnesses further reported that the complainant initiated physical closeness, which directly conflicted with the allegation of attempted sexual assault involving force or compulsion.

This testimony reinforced the defense position that the interaction was consensual and created substantial reasonable doubt.

The defense emphasized that there was no medical documentation, injury report, or forensic evidence supporting the allegation of attempted sexual assault.

Although New York law does not require physical injury to prove a sexual offense, the complete absence of objective evidence became critical when combined with credibility concerns and evidence of a financial dispute.

The court ultimately agreed that the prosecution’s case relied almost entirely on a contested narrative that failed to meet the standard of proof beyond a reasonable doubt.

Following a full trial, the court found that the prosecution failed to prove the elements of attempted sexual assault or sexual abuse beyond a reasonable doubt.

The court cited inconsistencies in the complainant’s testimony, the existence of pre incident agreements regarding physical contact, and credible third party witness evidence.

As a result, the client was acquitted on all charges, avoiding the severe criminal penalties and long term consequences associated with an attempted sexual assault conviction in New York.

This case demonstrates that attempted sexual assault allegations in New York require immediate, strategic response.

Early preservation of communications, careful analysis of complainant motivation, and timely collection of corroborating witness testimony can fundamentally alter case outcomes.

Anyone accused of attempted sexual assault should promptly organize all records, avoid informal statements, and seek experienced legal counsel capable of challenging credibility and intent within New York’s criminal justice system.