Though it may come as a surprise, “affirmative consent” is not language included in any New York law governing sex crimes, even though “lack of consent” is an element of every sexual offense.
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Pursuant to New York State law: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.
What is the Definition of Consent in New York? Generally known as “Romeo and Juliet laws,” these exemptions allow minors near in age to engage in consensual sexual activity without facing criminal repercussions. Remember, there are no close-in-age exemptions in New York. The age of consent in New York is 17. Therefore, anyone under 16 years of age cannot legally consent to sexual activity.