In the aftermath of lawyer Arthur Aidala’s appearance with Mike Francesa of WFAN, a sense is emerging during the call-in portion of Francesa’s show that, if Taylor had sexual contact but not sexual intercourse with the 16-year-old girl, Taylor is off the hook for felony charges.
But it’s not quite that simple.
Currently, Taylor is charged with third-degree rape under Section 130.25 of the New York Penal Law. The statute specifically contemplates intercourse.
So what if Taylor and the alleged victim only had “Clinton sex”? Taylor apparently would face the same consequence.
Section 130.40 of the New York Penal Law outlaws “criminal sexual act in the third degree,” and it encompasses for persons 21 years of age or older engaging in “oral sexual conduct or anal sexual conduct with a person less than seventeen years old.”
Like third-degree rape, third-degree criminal sexual act is a Class E felony. So it’s a distinction without a difference.
And it sounds as if Taylor already has given authorities enough when he gave them a statement -- probably before anyone bothered to tell him that he wasn’t simply in trouble for patronizing a prostitute, but for having illegal sexual contact with someone under the age of 17.