New York - Age of Consent
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Added Feb, 2001:
I was just curious if for future reference you would update your NY State Age of Consent Page to include information reguarding Sexual Misconduct. That information can be found at this URL .. the reason I ask is because I missunderstood the law the way it was presented on this page. I thought that as long as the female was over the age of 14 and the male was under 21 that a sexual relation between the two was legal. I was proved very wrong and am currently in an ongoing investigation into Sexual Misconduct .. a Class A Misdemeanor. For future reference for other like minded individuals, It would be nice to have this extra added information for clarification.
It is N.Y. Penal Law 130.20 (McKinney 1998) "A person is guilty of sexual misconduct, a class A misdemeanor, when being a male, he engages in sexual intercourse with a female without her consent; or he engages in deviate sexual intercourse with another person without the latter's consent."
[EDITOR'S NOTE: Age of Consent deals with sexual activity WITH consent. The above provided reference is "without consent"]
Legal Definitions of Sexual Assault
According to New York State statutes, sexual
assault is defined in various degrees.
Rape is the perpetuation of an act of sexual intercourse with a person against her will and consent, whether her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent or when, because of mental deficiency she is incapable of giving consent or when she is below the arbitrary age of consent.
In other words, the term "rape" is used when penetration is involved, even slight penetration, and even if no ejaculation occurs. Also note that the threat of force is sufficient - many women report fearing for their lives even when their attacker is not carrying a weapon.
New York State law does recognize that a married woman can be raped by her husband.
Rape in the first degree is defined as above, and the age of consent is eleven (11).
Rape in the second degree is not defined by consent. Rather, when one person is over 18 and the other is less than 14 years of age, the State defined any sexual intercourse between them as rape.
Rape in the third degree is similarly defined. Here, one person is over 21 and the other is less than 17 years of age. (Age of consent therefore is 17)
Sexual Abuse is also defined in three degrees, according to the same system as rape. However, the difference is that penetration is not required. Rather, all that is required is "sexual contact" - touching of intimate or sexual parts, either directly or through clothing.
Therefore, sexual abuse in the first degree is roughly defined as sexual contact by force or threat of force, or when the individual is incapable of consenting due to mental deficiency, or when the individual is below age 11.
Sodomy is the third major term, and is also defined in three degrees. This term is used when the assault involves penetration to areas other than the vagina (e.g. rectum).
Sexual assault of any kind is a felony.
We found this press release in the "anals" of New York legislation.
FOR IMMEDIATE RELEASE:
Sec. 130.05 Sex offenses; lack of consent.
1. Whether or not specifically stated, it is an element of every offense defined in this article, except the offense of consensual sodomy, that the sexual act was committed without consent of the victim.
2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or
(c) Where the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally defective; or
(c) mentally incapacitated; or
(d) physically helpless; or
(e) committed to the care and custody of the state department of correctional services or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital. For purposes of this paragraph, "employee" means (i) an employee of the state department of correctional services who performs professional duties in a state correctional facility consisting of providing custody, medical or mental health services, counseling services, educational programs, or vocational training for inmates; (ii) an employee of the division of parole who performs professional duties in a state correctional facility and who provides institutional parole services pursuant to section two hundred fifty-nine-e of the executive law; or (iii) an employee of the office of mental health who performs professional duties in a state correctional facility or hospital, as such term is defined in subdivision two of section four hundred of the correction law, consisting of providing custody, or medical or mental health services for such inmates; or (f) committed to the care and custody of a local correctional facility, as such term is defined in subdivision two of section forty of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility. For purposes of this paragraph, "employee" means an employee of the local correctional facility where the person is committed who performs professional duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for inmates. .
Sec. 130.40 Sodomy in the third degree.
A person is guilty of sodomy in the third degree when:
1. He engages in deviate sexual intercourse with a person
who is incapable of consent by reason of some factor other than
being less than seventeen years old; or
2. Being twenty-one years old or more, he engages in deviate
sexual intercourse with a person less than seventeen years old.
Sodomy in the third degree is a class E felony.
Sexual Assault Reform Act Signed into Law. Consensual Sodomy Statute Repealed.
07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
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