Non-consensual sexual intercourse committed against the victim through physical force or some other duress (including threats or use of drugs) is referred to as rape. Statutory rape, while seemingly consensual, occurs when someone over the age of consent has intercourse with a minor. Since minors cannot legally consent to sex, it is considered rape through strict criminal liability. Some states use the term "sexual assault" in reference to rape.
New York Rape Laws: Overview
New York recognizes and punishes three degrees of rape, ranging in degrees of severity. Section 130 of the New York Penal Code provides that "sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight.
Additional details about New York's rape laws are listed in the following table:
New York Penal Code Section 130.25, et seq.
|Third Degree Rape||
A person is guilty of rape in the third degree when he or she engages in sexual intercourse with another person:
|Second Degree Rape||
A person commits second-degree rape when he or she engages in sexual intercourse with another person:
|First Degree Rape||
A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:
|Defenses to Rape Charges||
|Sentences and Penalties||
Third Degree Rape: Class E felony (up to 4 yrs. in prison and up to $5,000 in fines)
Second Degree Rape: Class D felony (1 to 7 years in prison and up to $5,000 in fines)
First Degree Rape: Class B felony (5 to 25 yrs. in prison and up to $5,000 in fines)
Note: State laws are constantly changing through the enactment of new statutes, court rulings, and other means. Please contact a New York criminal attorney or conduct your own legal research to verify the state law(s) you are researching.
The Capacity to Consent
A person less than 17 years old is deemed "incapable of consent" for purposes of the laws regarding criminal sex offenses. However, the statute also provides that it is a defense to a victim's lack of consent based solely on his or her incapacity to consent because he or she was less than 17 years old or mentally disabled that the defendant was married to the victim at the time.
New York Rape Laws: Related Resources
Have Your Criminal Charges Reviewed at No Cost
Rape is an extreme violation of another individual, and is thus charged as a serious felony with the likelihood of prison time upon conviction. If you have been charged with rape, you will want to put together a strong defense and most definitely will need a lawyer. Get started today with a confidential and free initial evaluation of your case.
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