Sexual Assault Laws in New York

New York grades rape in three degrees; since September 2024 rape covers vaginal, oral and anal sexual contact. Rape in the first degree (by forcible compulsion, with someone physically helpless, or with a child under 11, or under 13 by an adult 18 or older) is a class B felony (up to 25 years). Rape in the second degree (an adult with someone under 15, or with someone incapable of consent because of a mental disability or incapacity) is a class D felony (up to 7 years). Rape in the third degree (with someone incapable of consent for reasons other than age, a person under 17 by someone 21 or older, or without consent for other reasons) is a class E felony (up to 4 years). Sexual abuse in the first degree (sexual contact by forcible compulsion or with a physically helpless person) is a class D felony. For sex with minors under the age of consent, see the age-of-consent page.

New York's rule on court-appointed lawyers: Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. N.Y. County Law § 722; Executive Law § 832; ILS Eligibility Standards

How release before trial works in New York: The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. N.Y. Crim. Proc. Law § 510.10 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New York expungement and record sealing rules.