Articles Posted in Rape and Sex Crimes

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On June 15, after over thirty hours of deliberations and several requests for read back of testimony, the Cosby jury indicated that it was deadlocked. Matthew Galluzzo, a criminal defense attorney and former Manhattan sex crimes prosecutor, tweeted the night before that he expected the jury to hang (meaning, to be deadlocked). The judge told the jury to continue deliberating (this is called "giving an Allen charge") and denied a defense motion for a mistrial as being premature. However, Mr. Galluzzo expects the jury to be unable to reach a verdict.

In an American criminal case, the jury's decision as to a particular charge must be unanimous, meaning that all twelve jurors must agree as to the verdict (guilty or not guilty) for a specific charge. A jury can convict unanimously on some charges and acquit unanimously on other charges in the same trial (and that happens quite frequently). A jury indicates to the court and judge that it has reached a verdict by sending out a written note that they have reached a verdict, and the jury emerges to announce the verdict in the courtroom.

Sometimes, as is the case in Cosby's trial, a jury sends out a note indicating that the jury cannot agree as to a particular charge (or any charges). Typically, a judge will then tell the jury that they should continue to deliberate. There is a very specific text that judges are usually required to read back to their deadlocked juries, and this text is typically referred to as an "Allen charge" (based upon a Supreme Court case with that name). An Allen charge is meant to encourage the jury to continue to try to reach a unanimous verdict, and reminds the jurors of the importance of arriving at a conclusion in light of the interests of the parties and the time and resources already spent trying the case.

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G&A defense attorney Matthew Galluzzo recently earned a stunning trial acquittal in a federal sexual abuse case that had been extensively covered in the press. The client, charged with one count each of sexual abuse on an airplane (18 U.S.C. 2244(b)) and assault on an airplane (18 U.S.C. 113(a)(5)), went to trial in Brooklyn federal court (the Eastern District of New York) before Judge Pamela Chen. The jury deliberated about a day and acquitted the client of all charges, accepting his defense that his touching of the complainant had been an involuntary act committed while asleep. Five eyewitnesses testified for the prosecution.

If you or a loved one have been accused of a sex crime, you should strongly consider contacting the experienced criminal defense attorneys at Galluzzo & Arnone. In particular, Matthew Galluzzo is a former Manhattan sex crimes prosecutor and widely recognized expert on the investigation, prosecution, and defense of rape and sexual assault charges.

Some articles about the case from the press:

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The attorneys and former Manhattan prosecutors at Galluzzo & Arnone have defended countless individuals arrested and accused of sexual assault crimes, from Class B felonies like Rape in the First Degree to Class B misdemeanors like Sexual Abuse in the Third Degree. Of course, our primary concern has always been to exonerate our clients or negotiate the best outcome under the circumstances. However, we are also careful to counsel our clients on the fact that, just because a criminal case has been resolved favorably, the battle may still not be over. Civil lawsuits for sexual assault and rape can arise and pose significant problems for those arrested for assault even after the criminal case has been put to rest. This is especially true where the accused are wealthy and/or famous, as the complaining witnesses (or “victims”) often see an opportunity for a payday. Indeed, many of the people who are sued for rape and sexual assault in New York are high net worth individuals (very successful professionals and investors) or celebrities (such as athletes or entertainers).

In New York civil law, rape, sexual assault and battery are intentional torts (or cause of action) which have one-year statute of limitations, meaning that any such lawsuits must be brought within one year from the date of the alleged violent act. (Note that there is no such thing as battery in New York criminal law – that word has only meaning in the New York civil law context). It should be noted that this statutory period is extended to 5 years, or one year from the termination of the criminal action, in civil cases arising out of various sexual criminal acts.

A guilty plea to a sexual assault case in criminal court can make it especially easy for a victim to pursue a lawsuit against the defendant. After all, a guilty plea is an admission under oath that the assault occurred which can be used against that criminal defendant in a civil lawsuit. After a guilty plea, it is effectively impossible for a criminal defendant to deny that he is liable for a sexual assault against the victim in a civil lawsuit without committing the crime of perjury. In these situations, the only issue to be determined in a civil lawsuit is the amount of money due to the victim, since liability is effectively admitted to.

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Matthew Galluzzo, a former Manhattan sex crimes prosecutor, recently appeared on MSNBC to talk about whether the women currently accusing Donald Trump of sexual assault should be discredited on account of the delay in their reporting. The link is available here:

http://www.msnbc.com/msnbc-news/watch/why-sex-assault-victims-sometimes-delay-reporting-787086915704

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Rape and sexual assaults involving doctors and mental health providers.

Under New York law, every sexual crime against another person involves the element of a lack of consent by the victim. A minor may be too young to legally consent to sexual contact, a person may be too intoxicated to consent to sexual contact, and a person may be too mentally incapacitated to offer consent. In addition, though, a patient of a health care provider or a mental health care professional cannot legally consent to certain types of sexual contact under certain circumstances, specifically, during clinical sessions or treatment. Thus, certain types of sexual contact (as described in Penal Law Sections 130.25, 130.40, 130.65-a, and 130.55) cannot happen between a patient and a health care or mental health care professional during a treatment session, lest they be charged as serious felony crimes.

Penal Law Section 130.05 outlines the different definitions of consent. Subsection (h) specifically applies to health care and mental health care providers, and states the following:

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Every year the FBI and federal law enforcement investigates a number of serious crimes that were alleged to have occurred onboard cruise ships. State police occasionally investigate these sorts of crimes, but generally speaking, crimes that occur on the high seas fall under federal jurisdiction (if pursued by American law enforcement at all).

The authority of the FBI to investigate criminal offenses and enforce laws of the United States on cruise ships on the high seas or territorial waters of the United States depends on several factors: The location of the vessel, the nationality of the perpetrator or victim, the ownership of the vessel, the points of embarkation and debarkation, and the country in which the vessel is flagged all play a role in determining whether there is federal authority to enforce the laws of the United States.

The principal law under which the U.S. exercises its Special Maritime and Territorial Jurisdiction is set forth in Section 7 of Title 18 of the U.S. Code. This statute provides, in relevant part, that the U.S. has jurisdiction over crimes committed on a ship if:

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The recent jury trial acquittal of Galluzzo & Arnone client Jesse Dailey was discussed in an article in the Brooklyn Paper. A juror described the jury's deliberations.

Brooklyn Paper, February 1, 2016: "Jury finds accused "Park Slope Groper" not guilty"

http://www.brooklynpaper.com/stories/39/6/dtg-slope-groper-trial-2016-02-05-bk.html

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On January 25, G&A earned a full acquittal at trial for our client in Brooklyn Supreme Court. The client was facing multiple felony charges of Sexual Abuse in the First Degree and Assault in the Second Degree. The case was featured in the news. G&A attorneys Matthew Galluzzo & Zack Johnson worked together during the trial.

A link to a description of the case is available here:

http://www.huffingtonpost.com/2013/11/23/jesse-dailey_n_4329314.html

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Matthew Galluzzo, a criminal defense attorney and former Manhattan sex crimes prosecutor, gave his expert opinion to the Huffington Post about the Bill Cosby criminal case in Montgomery County, Pennsylvania. Mr. Galluzzo is a well-recognized expert on the subject of rape and sexual assault investigations whose opinion is frequently solicited by news media regarding notable investigations.

A link to the article is available here.
http://www.huffingtonpost.com/entry/bill-cosby-andrea-constand-charges_563a943ae4b0b24aee48e821

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Matthew Galluzzo, a criminal defense attorney and former sex crimes prosecutor, gave his expert opinion on the Bill Cosby case in Montgomery County, Pennsylvania, for LA public radio station KPCC's AirTalk program.

A link to the article is here, and the interview is available online by downloading the KPCC application.

http://www.scpr.org/news/2015/12/30/56565/bill-cosby-is-charged-with-sexually-assaulting-a-w/