What is Unlawful Sexual Abuse?
Section 130 of the New York Penal Law sets forth all sex offense
crimes punishable by law, which include rape, sodomy, sexual
assault, forcible touching and facilitating a sex offense with a
drug.
Rape
If a person engages in a non-consensual sexual intercourse due to
physical force, coercion or threat actual or implied the act is
considered rape in New York State. Sexual intercourse is any
vaginal penetration, however slight. A person who is mentally
incapacitated, asleep, physically helpless due to alcohol or drug
consumption or under the age of 17 is unable to consent. If
intercourse takes place without consent, it is considered rape.
Regardless of the circumstances, sexual intercourse following a
spoken no or any other expression of refusal or hesitation, even
without further resistance of any kind, is rape, a felony crime in
New York State.
Rape occurs most frequently between acquaintances or friends,
and in group settings. Alcohol and drugs contribute to and
exacerbate situations where rape can occur. Individuals who would
never attack on their own may be pressured by peers to participate
in group violation of an intoxicated victim.
Other Sex Offenses
Generally, a sexual offense, including sexual assault, is committed
when a man or woman is forced or coerced, either through physical
or psychological means, to engage in any form of sexual contact. It
is also a sexual assault when one participant is unable to consent
to the sexual conduct, due to intoxication, unconsciousness or
other disabling condition, or age. If such contact includes
penetration other than vaginal penetration the sexual assault
constitutes sodomy. The Penal Law also makes it a crime to forcibly
touch or grab the sexual parts of another, or to administer a
controlled substance to a person with the intent of committing
certain sexual offenses against them.