Criminal Law Firm Near Me New York Sexual Assault Acquittal

The client alleged that he had been contacted by a nightlife venue operator who advertised adult companionship services involving consensual physical contact in exchange for payment. 

Relying on these representations, the client visited the venue and engaged in conduct he believed to be mutually agreed upon.

After a dispute arose regarding additional payment demands, the service provider abruptly left the premises and later contacted law enforcement claiming that the client attempted to force sexual activity without consent.

Based primarily on this accusation, prosecutors initiated felony charges and proceeded to indictment.

Under New York law, criminal liability for sexual offenses requires proof beyond a reasonable doubt that physical contact occurred without consent. 

The defense demonstrated that all interactions were preceded by explicit discussions involving payment and agreed conduct.

Text messages and call records showed that the alleged victim understood the nature of the encounter in advance, directly undermining claims of coercion or force.

Evidence revealed that immediately after leaving the venue, the complainant contacted the venue operator expressing frustration over not receiving additional money, with no mention of sexual assault or fear.

This timing raised substantial questions regarding whether the police report was motivated by financial retaliation rather than actual victimization, a critical factor under New York evidentiary standards.

The defense obtained legally recorded communications between the client and the venue operator describing the availability of physical services in exchange for payment. These recordings were introduced to demonstrate that the encounter was framed as consensual from the outset.

Additional call recordings between the complainant and third parties immediately after the incident further confirmed that the dispute centered on compensation rather than alleged violence.

Multiple venue employees provided sworn statements indicating that the complainant appeared calm, voluntary, and physically affectionate toward the client prior to departure.

These neutral witness accounts directly contradicted later claims of force, providing the court with independent corroboration supporting the defense narrative.

The court found that the complainant’s testimony lacked internal consistency and was contradicted by contemporaneous communications and third party witness accounts.

The judge concluded that the prosecution failed to establish non consensual conduct or attempted sexual assault under New York law and entered verdicts of not guilty on all counts, fully clearing the client of criminal liability.