New York Law (NYLE) Practice Exam

Which circumstance is NOT a valid reason for a person to lack consent in a sexual assault case?

1. The person is intoxicated

2. The person is 18 years old

3. The person is coerced under threat

4. The person is asleep

The correct answer is: The person is 18 years old

In the context of sexual assault law, a person’s age can play a significant role in determining their capacity to give consent. In New York, the age of consent is 17 years old, meaning that individuals who are 18 years or older are legally capable of providing consent to engage in sexual activities. Thus, simply being 18 years old does not automatically imply a lack of consent. On the other hand, the other circumstances such as intoxication, coercion under threat, and being asleep are universally recognized as impairments to an individual's ability to give informed and voluntary consent. Intoxication can lead to impaired judgment, coercion under threat threatens the individual's autonomy, and being asleep means the individual is incapable of consenting at that moment. Therefore, these circumstances are valid reasons to assert a lack of consent in a sexual assault case. This understanding ensures that individuals who are above the age of consent are recognized as having the legal ability to agree to sexual activity unless one of the other disqualifying factors is present.