New York Law (NYLE) Practice Exam

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Which circumstance does not contribute to the lack of consent by a victim of a sex crime in New York?

Being underage
Being intoxicated
Being 17 years old
Being forced into an agreement

The correct answer is: Being 17 years old

In New York law, the age of consent is a significant factor when determining whether consent is valid. Generally, individuals under the age of 17 cannot legally give consent to sexual activity, as they are considered unable to make informed decisions regarding such matters due to their age. Therefore, circumstances involving individuals who are under the age of 17 or who are intoxicated typically contribute to a determination of lack of consent. In the case of a 17-year-old, while they are still very close to the age of consent, they are legally able to consent to sexual activity since they have surpassed the minimum age threshold laid out by New York law. The law recognizes that those who are 17 years old can make decisions regarding sexual encounters as adults, barring any other complicating factors that might inhibit consent, such as coercion or other forms of pressure. This is why being 17 years old does not contribute to a lack of consent in the way that the other circumstances do.