New York Rape Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed August 09, 2024

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Rape is a crime under federal and state law. Under New York law, the definition of rape is using physical force or coercion to engage someone in nonconsensual sexual intercourse. Some states refer to rape as "sexual assault." Either way, it involves a criminal sexual act, is a serious crime, and the penalties are severe.

New York State’s Penal Code spells out the elements of rape. The prosecutor must prove their case beyond a reasonable doubt. If they do this, the court will assess your penalty, including potential jail time and fines. The judge may also order you to undergo sex offender registration in the State of New York.

Here, we’ll explain the rape laws in New York. We will also describe the penalties for this crime. If you’re facing rape charges, it’s in your best interests to seek legal advice.

Sexual Conduct vs. Sexual Contact

According to New York Penal Law Section 130.00, there is a distinction between sexual conduct and sexual contact. Engaging in unwanted conduct or contact is against the law. But, it’s essential to understand the difference between these two elements of the crime of rape.

New York law defines sexual conduct as that consisting of oral or anal contact between the rapist and the victim. This involves more than just forcible touching or fondling. It refers to intimate sexual misconduct between the two parties involving their genital areas. A defendant can be guilty of forcible vaginal or anal sexual contact.

Sexual contact can happen regardless of whether the defendant and victim have clothes on. For example, if a defendant touches a victim’s breast or vaginal area without their consent, it is sexual contact. If the defendant forces the victim to engage in oral sex, it would be sexual conduct.

What Is Statutory Rape?

Statutory rape is a related sex crime that, while seemingly consensual, happens when someone over the age of consent has intercourse with a minor. Since minors can't legally consent to sex, the law treats this behavior as a criminal offense.

The age of consent in New York is 17. If someone over 17 engages in sexual conduct or sexual contact with someone under 17, the state may charge them with statutory rape.

Many statutory rape cases in New York involve situations where the parents of a minor file charges against their child’s significant other. Still, if the prosecutor can prove that you had sex with someone under the age of 17, there’s a good chance they’ll convict you.

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 says that "sexual intercourse" has its ordinary meaning and happens with any penetration, no matter how slight.

You'll find more details about New York's rape laws below.

Statute New York Penal Code Section 130.25, et seq.
Third-degree rape

A person is guilty of rape in the third degree when they engage in sexual intercourse under the following conditions:

  • The other person is incapable of consent by reason other than age
  • The other party is less than 17 years old, and the defendant is at least 21
  • Without the person's consent, which the victim withholds for some other reason than incapacity
Second-degree rape

A person commits second-degree rape when they engage in sexual intercourse with another person:

  • Who is younger than 15, and the defendant is at least 18
  • Who is mentally disabled or mentally incapacitated
First-degree rape

A person is guilty of rape in the first degree when they engage in sexual intercourse with another person:

  • Using "forcible compulsion." This involves compelling the victim through the use of physical force or the threat of immediate death, bodily injury, or kidnapping.
  • Who is incapable of consent because of being physically helpless
  • Who is younger than 11
  • Who is younger than 13, and the defendant is at least 18
Defenses to rape charges
 
  • Lack of knowledge of the victim's incapacity to consent based on a mental disability, mental incapacitation, or physical helplessness
  • Contact was for valid medical or health care purposes
  • The defendant was less than four years older than the victim at the time of the act (for second-degree rape)
  • The victim consented to the sexual conduct
  • The victim filed false allegations
Sentences and penalties

Third-degree rape: Class E felony (up to four years in prison and up to $5,000 in fines)

Second-degree rape: Class D felony (one to seven years in prison and up to $5,000 in fines)

First-degree rape: Class B felony (five to 25 years in prison and up to $5,000 in fines)

Note: State laws constantly change through new statutes, court rulings, and other means. Contact a New York criminal defense attorney or conduct legal research to verify your state laws.

Charged With Violating New York Rape Laws? Get Legal Help

Rape is a serious felony carrying severe penalties, including jail time. If you’re facing charges of rape or another sex crime, get in touch with a skilled sex crime lawyer in New York. Your criminal defense attorney will explain the state's rape laws and help devise a strong defense.

New York Rape Laws: Related Resources

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