S 130.50 Criminal sexual act in the first degree.
A person is guilty of criminal sexual act in the first degree when he
or she engages in oral sexual conduct or anal sexual conduct with
another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Criminal sexual act in the first degree is a class B felony.
S 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.
Rape in the second degree is a class D felony.
New York State Sentencing Guidelines (click here)
...The judge (click here) then announced that Mr. Weinstein would immediately be sent to jail to await his sentencing. But as court officers approached him, the producer seemed stunned and refused to move.Moments later, he was handcuffed and removed from the room, limping with two officers standing by his side....
A couple of things come to mind. The reason he was sent to jail is that he is a flight risk, but, judges don't normally sentence people to jail following a verdict until they expect them to be serving a jail/prison sentence at the time of sentencing. Harvey Weinstein is going to jail for his crimes.
Regarding the sentencing; it is not specified as to whether the crimes are considered violent or not because that has an effect on the sentence. The sexual act in the first degree (Class B) is more serious than second degree rape (Class D).
Is consent a defense to sex crimes? (click here)
Answer
Yes, where the victim's lack of consent is based solely on incapacity to consent because he/she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent. New York Penal Law §130.10.
Women are not sex objects in the work place or in work related relationships and have to be taken seriously when the word "no" is stated. No is no. Women, in many instances cannot fend off an attack. Being given the choice of working or moving forward in promotion based on sexual acts to those that hold power creates an understanding of helplessness as well.
Interestingly, in the State of New York, marriage is a value that brings about a better standing of a victim's claims, too. The lawn treats marriage seriously when such demands for sex acts are part of the unspoken work standard.
"Joyful Heart Foundation"
...While this page describes (click here) effects survivors often experience, it is not exhaustive. If a survivor’s reactions do not match common responses—such as no physical injury—it does not mean what happened was not sexual abuse or assault. No one is alone in their healing process. There are resources to help along the restorative pathway to healing....
