UPDATE: The case against Ms. Viviani was dismissed by Supreme Court Justice Thomas A. Breslin in a decision dated March 30, 2017. The text of the decision is available here.

An ex-teacher, at La Salle, Marina Y. Viviani of Kingston, faces a six-count indictment in Albany County Court that includes allegations of third-degree rape and sodomy-related felony sex act charges, each of which carries up to four years in prison

PENAL LAW 130.50(1) (Committed on or after February 1, 2001) The count is Sodomy in the First Degree. Under our law, a person is guilty of Sodomy in the First Degree when he or she engages in deviate sexual intercourse with another person by forcible compulsion.

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: (a) by "forcible compulsion" - compelling the victim through the use of physical force or the threat of immediate death, physical injury or kidnapping; (b) who is incapable of consent by reason of being ...

I'm not condoning this woman's behavior or any violation of a teenager, but I wonder how she got these charges. It almost impossible for her to commit third degree rape according to the definition. What do you think should happen to this woman ?