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Rape Charges and Consent Laws in New York / New York and NYC Sexual Assault Lawyer - What Is The Age Of Consent In New York
Rape and Sexual Assault Consent Laws in New York and New York City. For more information about Rape, Sexual Assault and Consent Laws in New York, please visit: - Rape charges in New York and other states concern allegations of Sexual intercourse by Forcible Compulsion or an Incapacity to Consent. The degree of the Rape charge mainly involves 2 factors: 1. The age of the complaining witness and/or person who is charged; and/or 2. The status of the complaining witness and the person who is charged Under New York Penal Law Section 130.00(8), Forcible Compulsion means: ○ The use of physical force; or ○ An express or implied threat that places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped There are 10 categories listed in the Penal Law Section 130.05(3) where a person cannot legally consent to Sexual Intercourse. If a person falls under any of these 10 categories, then he or she is deemed incapable of consenting to Sexual Intercourse and other Sexual Acts. Some of the categories of an Incapacity to Consent are if a person is: ○ Less than 17 years old: which is New York's age of consent ○ Mentally Disabled: has a mental illness ○ Mentally Incapacitated: is in a temporary state due to a drug or intoxicating substance given without consent) ○ Physically Helpless: is unconscious or physically unable to communicate an unwillingness Former New York prosecutor Andrew M. Stengel is an experienced and knowledgeable Rape and Sexual Assault lawyer. Andrew M. Stengel is a skilled trial attorney, a diligent investigator and a tenacious representative. Whether the charges involve Rape, Sexual Assault or any other criminal charge or investigation, Andrew M. Stengel provides skilled and vigorous legal advice and representation. For a free, confidential consultation email us at - or call us at (212) 634-9222. Visit our website at: - The Law Firm of Andrew M. Stengel, P.C. 11 Broadway, Suite 615 New York, NY 10004 Attorney advertising. Prior results do not guarantee a similar outcome.
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