In New York, lack of consent occurs when any of these facts exist or occurs:

  • Not having permission for the sexual act to occur, including but not limited to, being told “no”.
  • Individuals under the age of 17 are incapable of consenting to sexual intercourse.
  • Forcible compulsion.
  • Mentally Disabled.
  • Mentally Incapacitated.
  • Physically helpless.
  • An inmate in jail/prison or otherwise under the care of the State who has relations with a Corrections Officer or someone in charge of their care.