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6 Cards in this Set
- Front
- Back
Sex Offenses in General
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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 |
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Rape in General
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All marital and gender exemptions have been stricken by statute
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First Degree Rape or Sodomy
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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 |
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Corroboration in Rape Cases
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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. |
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What must corroborating evidence in Rape Cases do?
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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. |
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Megan's Law
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Sex offenders must register with the Division of Criminal Justice Services. Authorizes release of relevant information about the offender.
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