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New York Penal Law § 130
New York grades its rape statute by, roughly, defining forcible sex as first degree rape, and non-consensual sex as third degree rape. This solves one problem: how to treat non-consensual sex that is not forcible; but it creates another, by defining a big difference in sentencing between the two crimes. Some believe the grading accurately distinguishes a worse crime from a less worse crime. Others argue that New York's grading scheme does not sufficiently recognize non-consensual sex as "full" rape.
Take a look below at the definitions, and particularly the sentencing difference, to assess New York's approach.
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