NY Penal Law § 130.65-a: Aggravated Sexual Abuse in the Fourth Degree

Definition of Aggravated Sexual Abuse in the Fourth Degree

The definition provided by New York Penal Law for aggravated sexual abuse in the fourth degree is inserting a foreign object into another person’s vagina, urethra, penis, rectum or anus in a situation where that individual was not capable of consenting. The second basis for this crime is physically injuring another individual by inserting a finger into that person’s vagina, urethra, penis, rectum or anus of that person, also in a case where that person is not capable of consenting.

The statute does not clearly define “foreign object.” Nonetheless, courts have seen a variety of items to be foreign objects including bottles, sticks, and knives.

Example

A man pushes a bottleneck into the rectum of a woman. The woman was intoxicated. The woman suffered, as a result, a severe tear in the tissue that divides her rectum and her vagina. This man could be prosecuted for aggravated sexual abuse due to the fact that the woman was intoxicated and therefore incapable of consenting to the sex act.

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Legal Scenario: What Would You Do?

Scenario

A man was arrested after his ex-girlfriend told police he inserted a foreign object into her without consent during an argument at his apartment. He insists the encounter was consensual and is shocked to learn he's being charged under NY Penal Law § 130.65-a.

What exactly does an aggravated sexual abuse in the fourth degree charge mean for me, and what kind of penalties am I facing?

Attorney's Answer

Under NY Penal Law § 130.65-a, aggravated sexual abuse in the fourth degree is a class E felony, which means you face up to four years in state prison if convicted. The statute specifically criminalizes inserting a foreign object into another person's vagina, urethra, penis, rectum, or anus when that person is incapable of consent. Consent is the central issue in your case, and the prosecution must prove beyond a reasonable doubt that the complainant could not or did not consent. We would need to thoroughly examine all evidence, including any communications between you and the complainant, to build the strongest possible defense and potentially challenge the credibility of the allegations.

This is general information only. Contact us for advice specific to your situation.

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