What is the difference between attempted rape and attempted sexual assault?

Attempted rape and attempted sexual assault are both crimes that involve an attempted sexual assault on another person. However, attempted rape and attempted sexual assault differ in terms of the seriousness of the crime. Attempted rape is a more serious offense than attempted sexual assault in New York because it is classified as a felony. This means that it is punishable by imprisonment for at least one year in a state prison or by a fine. The elements of a charge of attempted rape are that a person intended to engage in sexual intercourse with another person, and took a substantial step toward doing so, but ultimately was unable to because of some intervening cause. Attempted sexual assault, on the other hand, is a less serious offense than attempted rape and is categorized as a misdemeanor in New York. It carries a punishment of up to one year in jail or a fine. The elements of this crime are that a person intended to commit a sexual act on another person, and took a substantial step toward doing so, but ultimately was unable to because of some intervening cause. In both attempted rape and attempted sexual assault, the perpetrator must have taken a substantial step toward committing the crime in order for it to be considered a crime. Additionally, the victim must not have consented to the act.

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What is the difference between attempted rape and attempted sexual assault?

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