Under New York law, which scenario matches Rape 1 involving sex with a person who is physically helpless?

• A. Victim is under 11.
• B. Sex by force.
• C. Sex with a person physically helpless.
• D. Victim under 13; ∆ 18+

Answer: (C)

Rape in the first degree turns on the victim being physically helpless at the time of intercourse. Physically helpless means the person cannot resist due to their physical condition—think unconscious, asleep, drugged, or restrained in a way that prevents any real ability to push away or say no. When intercourse occurs with someone in that state, it fits the worst level of rape under New York law.

So the scenario that matches this offense is the one describing sex with a person who is physically helpless, because it directly states the condition that makes the act prosecutable as Rape in the first degree.

The other scenarios involve different legal concepts. Victim age alone typically points to statutory rape or offenses involving a child, not the physically helpless element. Sex by force can indicate lack of consent but doesn’t necessarily establish the specific physically helpless condition required for Rape in the first degree. The key is the victim’s physical incapacity to resist, which is why the described scenario is the best fit.