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.