Under New York law, which scenario describes the Rape 1 offense defined as sex by force?

• A. Victim is under 11.
• B. Sex by force.
• C. Victim under 13; ∆ 18+.
• D. Victim under 13.

Answer: (B)

Rape in the first degree is defined by sexual intercourse obtained through forcible compulsion. Forcible compulsion means using actual physical force, threats of imminent physical injury, or when the victim is physically helpless and cannot resist. The key element is the presence of force or the equivalent threat, not simply the age of the victim.

The scenario that directly describes sex by force matches this definition: it states that sexual intercourse occurs by force, capturing the forcible compulsion element essential to Rape 1. The other scenarios involve age-based circumstances, which would implicate different statutes or degrees that hinge on the victim’s age rather than the use of force. Hence, the description that aligns with Rape 1 as sex by force is the one that explicitly names sex by force.