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Current as of January 01, 2021 | Updated by FindLaw Staff
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) [Eff. until Sept. 1, 2024. See, also, subd. (a) below.] 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
(a) [Eff. Sept. 1, 2024. See, also, subd. (a) above.] Establish that an attempt was made to engage the victim in vaginal sexual contact, oral sexual contact, anal sexual contact, 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.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 130.16 Sex offenses; corroboration - last updated January 01, 2021 | https://codes.findlaw.com/ny/penal-law/pen-sect-130-16/
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