What are the laws in New York regarding child sexual abuse?
If any of the following acts are perpetrated against any victim "without his or her consent," it is a crime under New York State Law:
Sexual Intercourse: the penetration of the penis into the vagina, however slight-- in other words, if the penis goes into the vagina just a little, not in its entirety, that is considered completed "sexual intercourse". (There is no requirement of physical injury and usually there is no requirement that ejaculation or orgasm have occurred.)
Criminal Sexual Act (Oral or Anal Sexual Conduct): does not require any penetration and occurs upon contact between penis and mouth, penis and anus (rectum), mouth and anus, or mouth and vaginal area.
Sexual Contact: any touching of the sexual or intimate parts of the body whether over or under clothing:
done for the purpose of gratifying the sexual desire of either party
includes the touching of the victim’s sexual or intimate parts by the perpetrator AND the touching of the perpetrator’s sexual or intimate parts by the victim
Forcible Touching: the intentional and forcible touching of another
done for the purpose of degrading or abusing another person or done for the purpose of gratifying the defendant’s sexual desire
includes squeezing, grabbing, or pinching
Aggravated Sexual Contact: insertion of a foreign object (e.g. coke bottle, broom handle, etc.) into the vagina, urethra, penis or rectum.
Insertion of a finger into vagina, urethra, penis or rectum causing injury, constitutes 2nd degree sexual offense
If the insertion of the object causes physical injury, this constitutes a 1st degree sexual offense
If no injury occurs, this constitutes a 3rd degree sexual offense
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified sexual abuse lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local sexual abuse attorney to discuss your specific legal situation.