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6 Cards in this Set

  • Front
  • Back
Sex Offenses in General
An element of every offense that there is no consent

Under age 17, mentally incapacitated or defective, or physically helpless is deemed incapable of consent
Rape in General
All marital and gender exemptions have been stricken by statute
First Degree Rape or Sodomy
Committed when any person engages in sex or deviate sexual intercourse with any other person:

1. Who is LESS THAN 11
2. Who is PHYSICALLY HELPLESS
3. By FORCIBLE COMPULSION
Corroboration in Rape Cases
The D may not be convicted SOLELY ON THE TESTIMONY OF THE VICTIM for any sex crime, or attempt, where lack of consent is an element AND LACK OF CONSENT RESULTS FROM MENTAL DEFECT OR INCAPACITY.

By statute, corroboration is no longer required in rape, sodomy, or sex abuse cases in NY.
What must corroborating evidence in Rape Cases do?
1. Establish at least an ATTEMPT to have intercourse or sexual contact with the victim; and
2. CONNECT THE D WITH THE COMMISSION of the offense or attempted offense.
Megan's Law
Sex offenders must register with the Division of Criminal Justice Services. Authorizes release of relevant information about the offender.