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Sexual assault is a crime punishable in New York by the following penalties:
Sexual misconduct is a class A misdemeanor. A person is guilty of sexual misconduct when he or she engages in:
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 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 is a class B felony. A person is guilty of rape in the first degree when he or she engages in sexual intercourse with someone:
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 is a class D felony. A person is guilty of sodomy in the second degree when, being 18 years old or more, he or she engages in deviate sexual intercourse with another person less than 14 years old.
Sodomy in the first degree is a class B felony. A person is guilty of sodomy in the first degree when he or she engages in deviate sexual intercourse with another person:
A person is guilty of sexual abuse in the third degree when he or she 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 is a class A misdemeanor. A person is guilty of sexual abuse in the second degree when he or she 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 is a class D felony. A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:
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 or she inserts a finger in the vagina, urethra, penis, or rectum of another person, causing physical injury to such person:
Conduct performed for a valid medical purpose does not violate the provisions of this section.
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 or she inserts a foreign object in the vagina, urethra, penis, or rectum of another person causing physical injury to such person:
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 or her 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.
