The Controversy Of Rape Definition

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Rape is defined as unlawful sexual intercourse achieved through force and without consent (Schmalleger, 2013). The suspect, Benjamin Taylor, will most likely be charged with rape in the first degree. According to the New York State Penal Law, Article 130, Section 130.35, a person charged with rape in the first degree are guilty of engaging in unlawful sexual activity with someone physically helpless and unable to consent. This particular crime is a class B felony (New York State Penal Law, Article 130). Consent is providing a verbal agreement for something to happen. Emmaleigh Barringer was only 10-months-old, therefore she was unable to consent. Being so young she was also physically helpless therefore, unable to defender herself.

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