1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title H: Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
  6. Article 130: Sex Offenses


Section 130.16 Sex offenses; corroboration

Penal (PEN)

  A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim's mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to:

  (a) Establish that an attempt was made to engage the victim in sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact, as the case may be, at the time of the occurrence; and

  (b) Connect the defendant with the commission of the offense or attempted offense.