Sexual Assault Is a Crime
Sexual assault is a crime punishable in New York by the following penalties:
- Sexual misconduct — one year in prison and/or $1,000 fine
- Rape in the third degree — 1⅓–4 years in prison
- Rape in the second degree — 2⅓–7 years in prison
- Rape in the first degree — 8⅓–25 years in prison
- Sodomy in the third degree — 1½–4 years in prison
- Sodomy in the second degree — 2⅓–7 years in prison
- Sexual abuse in the third degree — up to three months in prison
- Sexual abuse in the second degree — one year in prison and/or $1,000 fine
- Sexual abuse in the first degree — 2⅓–7 years in prison
- Aggravated sexual abuse — 8⅓–25 years in prison
Legal Definitions
Sexual Misconduct
Sexual misconduct is a class A misdemeanor. A person is guilty of sexual misconduct when, being a male, he engages in:
- sexual intercourse with a female without her consent,
- deviate sexual intercourse with another person without the latter's consent, or
- sexual conduct with an animal or a dead human body.
Rape in the Third Degree
Rape in the third degree is a class E felony. A person is guilty of rape in the third degree when he or she engages in sexual intercourse with another person to whom the actor is not married who is incapable of consent by reason of some factor other than being less than 17 years old; or being 21 years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married who is less than 17 years old.
Rape in the Second Degree
Rape in the second degree is a class D felony. A person is guilty of rape in the second degree when, being 18 years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married who is less than 14 years old.
Rape in the First Degree
Rape in the first degree is a class B felony. A male is guilty of rape in the first degree when he engages in sexual intercourse with a female:
- by forcible compulsion,
- who is incapable of consent by reason of being physically helpless, or
- who is less than 11 years old.
Sodomy in the Third Degree
Sodomy in the third degree is a class E felony. A person is guilty of sodomy in the third degree when he engages in deviate sexual intercourse with a person who is incapable of consent by reason of some factor other than being less than 17 years old; or, being 21 years old or more, he engages in deviate sexual intercourse with a person less than 17 years old.
Sodomy in the Second Degree
Sodomy in the second degree is a class D felony. A person is guilty of sodomy in the second degree when, being 18 years old or more, he engages in deviate sexual intercourse with another person less than 14 years old.
Sodomy in the First Degree
Sodomy in the first degree is a class B felony. A person is guilty of sodomy in the first degree when he engages in deviate sexual intercourse with another person:
- by forcible compulsion,
- who is incapable of consent by reason of being physically helpless, or
- who is less than 11 years old.
Sexual Abuse in the Third Degree
A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter's consent — except that in any prosecution under this section, it is an affirmative defense that such other person's lack of consent was due solely to incapacity to consent by reason of being less than 17 years old, and such other person was more than 14 years old, and the defendant was less than five years older than such other person.
Sexual Abuse in the Second Degree
Sexual abuse in the second degree is a class A misdemeanor. A person is guilty of sexual abuse in the second degree when he subjects another person to sexual contact and when such other person is incapable of consent by reason of some factor other than being less than 17 years old; or when such person is less than 14 years old.
Sexual Abuse in the First Degree
Sexual abuse in the first degree is a class D felony. A person is guilty of sexual abuse in the first degree when he subjects another person to sexual contact:
- by forcible compulsion,
- when the other person is incapable of consent by reason of being physically helpless, or
- when the other person is less than 11 years old.
Aggravated Sexual Abuse in the Second Degree
Aggravated sexual abuse in the second degree is a class C felony. A person is guilty of aggravated sexual abuse in the second degree when he inserts a finger in the vagina, urethra, penis or rectum of another person, causing physical injury to such person:
- by forcible compulsion,
- when the other person is incapable of consent by reason of being physically helpless, or
- when the other person is less than 11 years old.
Conduct performed for a valid medical purpose does not violate the provisions of this section.
Aggravated Sexual Abuse in the First Degree
Aggravated sexual abuse in the first degree is a class B felony. A person is guilty of aggravated sexual abuse in the first degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person:
- by forcible compulsion,
- when the other person is incapable of consent by reason of being physically helpless, or
- when the other person is less than 11 years old.
Conduct performed for a valid medical purpose does not violate the provisions of this section.
If You Have Been Sexually Assaulted
Do not suffer through this experience by yourself. Seek emotional support from friends or a rape crisis hotline. Seek medical treatment at once for testing and treatment of injuries. Don't shower, douche or change clothes before you go. This is important legal evidence should you decide to press charges against your attacker. Whether or not you report the assault to the police is up to you, but the college strongly encourages you to do so. Your report may result in the rapist's arrest and stop him from attacking someone else.
Seek counseling from a trained mental health professional. It is very common for a rape survivor to experience a wide range of painful feelings. You may talk confidentially to a personal counselor in 0203 James Hall at no cost.
