Full question:
Please explain the legal difference between molestation and rape concerning children. It has always puzzled me as to why a person is charged with molestation instead of rape..
- Category: Criminal
- Subcategory: child molestation
- Date:
- State: New York
Answer:
In New York, the legal definitions of molestation and rape differ based on the nature of the sexual act and the circumstances surrounding consent.
Molestation typically refers to sexual abuse or sexual conduct that does not involve penetration. It can include acts like fondling or inappropriate touching. In contrast, rape involves sexual intercourse or other forms of sexual penetration without consent.
According to New York law, a person can be charged with rape if they engage in sexual intercourse with someone who cannot consent due to age, mental incapacity, or other factors (N.Y. Penal Law § 130.25). For example, engaging in sexual intercourse with a person under seventeen years old constitutes rape if the perpetrator is over twenty-one.
On the other hand, molestation charges may arise from sexual conduct that does not meet the legal definition of rape but still involves inappropriate sexual behavior towards a child. This distinction often leads to charges of molestation rather than rape, depending on the specifics of the case.
In summary, the primary difference lies in the nature of the sexual acts involved and the definitions of consent as outlined in the law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.