(More information on these crimes is below.) Consent Is Not a Defense A person who has sexual activity with someone younger than 17 can be charged with a sex crime. The age of consent for sexual relations in New York is 17 years old, meaning until a person turns 17, they cannot legally consent to sexual activity. Assaults of a sexual nature may also be charged under the state's assault and battery laws and child enticement and abuse laws. Rape that does involve force or an assault gets charged as forcible rape. Statutory rape does not require the prosecutor to prove an assault occurred.