Dobbs ferry ny sex chat
Sex crimes where someone who is technically unable to consent requires corroboration that sexual contact occurred and that the accused was the person who caused the contact.
Under New York Penal Law, “Mentally disabled” means that a person suffers from a mental disease or defect which renders them incapable of appraising the nature of his or her conduct.
In mild cases of mental retardation, people still retain the ability to consent so long as they can understand what they are doing and have the ability to say yes or no.
Even where a complaining witness was drunk or has used drugs, they are not necessarily physically helpless.
So long as they can communicate whether or not they want to engage in sexual activity, there is no crime, even if they regret their actions later.
Rape in the first degree occurs when someone has sexual intercourse with another person by forcible compulsion; or who is incapable of consent by reason of being physically helpless; or who is less than eleven years old; or who is less than thirteen years old and the actor is eighteen years old or more.
Forcible compulsion” means to compel a person to engage in sexual activity by either use of physical force; or a threat which causes the person to fear immediate death or physical injury.
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If you are facing allegations that you committed a sex crime, contact us immediately.