New York Rape Laws

In New York there are 3 different degrees of rape. New York rape laws protect victims or rape and sexual abuse, especially if those victims are children.

According to New York rape laws, a person under the age of 17 cannot provide consent when it comes to sexual intercourse.

Examples of types of sexual offenses that New York rape laws cover:

  • Sexual intercourse, however slight (rape)
  • Drug rape
  • Criminal sexual acts include oral and anal sex
  • Sexual abuse which includes touching the victim's intimate parts or forcing the victim to touch the perpetrator's intimate parts (over or under clothing)
  • Unwanted touching or groping
  • Aggravated sexual abuse occurs when foreign objects are inserted into a victim's body cavity

Source of some of the New York rape law information provided below.

First degree rape is a class B felony

  • Occurs when someone (who is any age) has sexual intercourse with a minor who is 11 years old or younger.
  • Or when someone who is 18 years or older has sexual intercourse with a minor who is 13 years old or younger.
  • Or when someone uses physical force, a threat of death, physical injury, or kidnapping to engage in sexual intercourse with another person.
  • Or when someone has sexual intercourse with a person who cannot give consent due to physical helplessness.

Second degree rape is a class D felony

  • Occurs when someone (who is 18 years or older and at least 4 years older than the minor) has sexual intercourse with a minor who is 15 years old or younger.
  • Or when someone engages in sexual intercourse with a person who is unable to give consent due to being mentally disabled or incapacitated.

Third degree rape is a class E felony

  • Occurs when someone who is at least 21 years of age has sexual intercourse with a minor who is 17 years old or younger.
  • Or when someone engages in sexual intercourse with a person who can't give consent for reasons other than them being under 17 years of age.

New York Office of Victim Services (OVS) offers victims information on their rights as well as services to help victims cope.

For more information on a victim's rights, consult with an experienced New York attorney.

 

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