Nichols mentions that Damon Kerrigan was arrested for aggravated rape in 1999. However no such charge exists in New York state, when it comes to rape there is rape in the third degree, rape in the second degree and rape in the first degree. The only sex crime in New York state that has an aggravation enhancement is sexual abuse. Sexual abuse is charged when one person touches the breasts, buttocks or genitals of another person either without their consent or when they are a minor. Aggravated sexual abuse is charged when one person inserts either their finger or a object into another person's anus, urethra or vagina. There are four different degrees of aggravated sexual abuse, the degree that is charged is determined by the age of the victim and by whether a finger or an object is used and by whether it causes physical injury to the victim.