Nope, age of majority in NY is 21 and the age of consent, 17, so at age 16 she cannot give consent however various charges, including contributing to the delinquency of a minor, could be brought against the 20yo man with whom the girl cavorts.
S 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter`s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person`s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person. Sexual abuse in the third degree is a class B misdemeanor.
S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when: 1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or 3. He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.
Source: New York Consolidated Laws, (
http://assembly.state.ny.us/leg/?cl=82&a=29) updated as of (As of 3/1/2002)
Legal Definitions of Sexual Assault
According to New York State statutes, sexual assault is defined in various degrees.
However, the basic summary is as follows:
Rape is the perpetuation of an act of sexual intercourse with a person against her will and consent, whether her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent or when, because of mental deficiency she is incapable of giving consent or when she is below the arbitrary age of consent.
In other words, the term "rape" is used when penetration is involved, even slight penetration, and even if no ejaculation occurs. Also note that the threat of force is sufficient - many women report fearing for their lives even when their attacker is not carrying a weapon.
New York State law does recognize that a married woman can be raped by her husband.
Marriage does not necessarily imply consent.
Rape in the first degree is defined as above, and the age of consent is eleven (11).
Rape in the second degree is not defined by consent. Rather, when one person is over 18 and the other is less than 14 years of age, the State defined any sexual intercourse between them as rape.
Rape in the third degree is similarly defined. Here, one person is over 21 and the other is less than 17 years of age. (Age of consent therefore is 17)
Sexual Abuse is also defined in three degrees, according to the same system as rape. However, the difference is that penetration is not required. Rather, all that is required is "sexual contact" - touching of intimate or sexual parts, either directly or through clothing.
Therefore, sexual abuse in the first degree is roughly defined as sexual contact by force or threat of force, or when the individual is incapable of consenting due to mental deficiency, or when the individual is below age 11.
Sexual assault of any kind is a felony.
Sec. 130.05 Sex offenses; lack of consent.
1. Whether or not specifically stated, it is an element of every offense defined in this article, except the offense of consensual sodomy, that the sexual act was committed without consent of the victim.
2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or
(c) Where the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally defective; or
(c) mentally incapacitated; or
(d) physically helpless; or
(e) committed to the care and custody of the state department of correctional services or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital. For purposes of this paragraph, "employee" means (i) an employee of the state department of correctional services who performs professional duties in a state correctional facility consisting of providing custody, medical or mental health services, counseling services, educational programs, or vocational training for inmates; (ii) an employee of the division of parole who performs professional duties in a state correctional facility and who provides institutional parole services pursuant to section two hundred fifty-nine-e of the executive law; or (iii) an employee of the office of mental health who performs professional duties in a state correctional facility or hospital, as such term is defined in subdivision two of section four hundred of the correction law, consisting of providing custody, or medical or mental health services for such inmates; or (f) committed to the care and custody of a local correctional facility, as such term is defined in subdivision two of section forty of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility. For purposes of this paragraph, "employee" means an employee of the local correctional facility where the person is committed who performs professional duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for inmates. .
In fact, my nuttyX (long drawn out harrassment drama) got my therapy records because he alleged our child was abused or neglected by me...all untrue, found to be untrue...but still that cracked open my therapy records for the court- Things he didn't know when we were married were brought up (and are still brought up) repeatedly in court. According to those that have seen our child professionally- the 'attempt' is to prove that a person who was abused would not stop abuse in their children &/or are somehow more likely to abuse their children. Now, statistically abuse can pass down from generation to generation, but that is not the ultimate outcome in all cases- and sexual abuse(s) are not in the same realm.