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Purview of the Penal Law on Child Sexual Abuse (From Child Sexual Abuse, P 73-83, 1985, Maryann McCabe, et al, eds. - See NCJ-100478)

NCJ Number
100481
Author(s)
J K Resnick
Date Published
1985
Length
11 pages
Annotation
This review examines current New York State criminal law, case law, and possible legislative reforms in the area of child sexual abuse.
Abstract
Article 130 of the Penal Law pertains to all sexual offenses committed by adults (and certain juveniles) and includes definitions of all degrees of rape, sodomy, sexual abuse, aggravated sexual abuse, and sexual misconduct. Penal Law Sec. 255.25, 260.10, and 235 contain provisions covering incest (including deviate sexual intercourse, e.g., fellatio), acts with sexual overtones that endanger a child's welfare, and promotion of obscene materials or performances. Sec. 130.00 and 130.05 define forcible compulsion and deem those unable to consent to include those under 17-years-old, physically helpless, or mentally defective or incapacitated. In 1984, the New York Legislature removed the requirement that a child's testimony be corroborated in cases involving sexual abuse, and a recent amendment of Criminal Procedure Law now permits videotaping a child victim's testimony. Additional reforms that should be considered include hearsay exceptions, upgrading current crimes and stiffening sentences, and other procedural changes that minimize the trauma of criminal procedures for the child victim. 16 references.

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