Sexual Assault

Sexual Assault: Any sexual act directed against another person without the consent of that person – including instances in which the person is incapable of giving consent – that satisfies one or more of the following:

1. Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent;
2. Oral or anal sexual intercourse with another person: (i) forcibly and/or against that person’s will; or (ii) not forcibly or against the person’s will in instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity;
3. Use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person: (i) forcibly and/or against that person’s will; or (ii) not forcibly or against the person’s will in instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity;
4. Criminal Sexual Contact: The intentional touching of another person’s clothed or unclothed body parts without consent, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition explicitly applies when the victim is incapable of giving consent due to age, mental or physical impairment (temporary or permanent);
5. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by New York State law;
6. Non-forcible sexual intercourse with a person who is under the statutory age of consent (i.e., 17 years of age).