New York Law (NYLE) Practice Exam

Which of the following circumstances does NOT indicate a lack of consent in a sex crime case?

1. 17 years-old

2. Asleep

3. Unconscious

4. In fear of immediate physical injury based on an implied threat

The correct answer is: 17 years-old

In the context of consent in sexual assault cases, age plays a crucial role. In New York, the age of consent is generally 17 years old. Thus, a 17-year-old is legally considered able to give consent to engage in sexual activity. This means that, in most circumstances, their participation does not reflect a lack of consent, given that they meet the legal age threshold. On the other hand, being asleep, unconscious, or in fear of immediate physical injury based on an implied threat directly indicates a lack of consent. A person who is asleep or unconscious cannot make a conscious decision to consent to sexual activity, and fear based on a threat severely undermines the notion of voluntary consent. Therefore, the age of 17 as a factor does not inherently suggest that consent was lacking, making it the correct answer to the question.