09 Nov Criminal Code
There is no defense to statutory rape. So long as the act is committed, then it is rape regardless of the mens rea of the defendant. Do you believe that there should be a defense? Do you agree with the ages for statutory rape as set forth in the New York rape statutes?
2.2. Second Degree Rape
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.
Technically this is a statutory crime. Sex with a mentally disabled individual is rape so long as the disabled individual lacked the ability to consent due to the disability. It becomes tricky. It’s also difficult if the defendant didn’t know the victim was mentally disabled.
Notice the 4 year rule in the age component. The court will literally pull out birth certificates to see if the people are 4 years apart in age.
Third Degree Rape is statutory rape when a person who is 21 or older has sexual intercourse with a person who is 16 or younger. Understand that as the victim gets younger, this can become second degree or first degree rape. Don’t forget those sections’ statutory components.
There is no defense to statutory rape so long as the sexual act was committed. Mens Rea does not matter. A person could have a fake ID and be in a bar pretending to be older. If sexual intercourse occurs and one person is 21 or older and the other is 16 or younger, it is rape. It used to be that the law was a male 21 or older and a female under 17, but that has been changed to remove the gender classification.
