Rape, according to the New York Penal Code, is forced sexual intercourse in the form of penetration of the penis into the vagina. This offense, therefore, is gender-specific – only women can be raped, in the eyes of the law.
That’s why New York legislators also included forced penis to anus penetration as part of sex crimes, and the law calls it sodomy.
Deviate Sexual Intercourse Defined
The Penal Code defines sodomy as engaging in deviate sexual intercourse with another person without consent. When we say deviate sexual intercourse, it’s the penetration, no matter how deep, of the anus of a person by the penis of another. It could also mean contact between the mouth and the penis or the mouth and the vulva.
To consent, the victim must act freely and voluntarily, and know the nature of the act. Minors, as well as people who are mentally disabled or physically helpless, are incapable of providing consent according to the New York Penal Code. Evidence that the defendant and the alleged victim dated, were married, had been married, does not constitute consent.
Criminal Sexual Acts Degrees
The state law categorizes sodomy under criminal sexual acts, which are split into three degrees:
- Criminal Sexual Acts in the Third Degree – guilty if you engaged in sexual conduct with someone incapable of consent (a minor, for instance)
- Criminal Sexual Acts in the Second Degree– guilty if you engaged in sexual conduct with a person less than the age of 15, is mentally disabled, or is mentally incapacitated
- Criminal Sexual Acts in the First Degree – guilty if you engaged in sexual conduct with another person by forcible compulsion, and with someone incapable of consent, is less than eleven years old
A related crime is aggravated sodomy. This involves the element of force; it also involves serious injuries and mental or emotional distress to the victim.
Defending Criminal Sexual Act with the Help of Olivier E. Roche, Esq.
You’re not guilty of a criminal sexual act if you really believed that the other person gave his or her consent. Note that the other party has the burden of proving beyond a reasonable doubt that you believe they consented.
If you’ve been charged with a criminal sexual act, call today for a free initial consultation.
