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