Why It Might Be Difficult to Convict Andrew Cuomo of Forcible Touching

Will a relatively new misdemeanor sex charge, crafted to prosecute stranger gropings, lead to a conviction of a former governor?

ALBANY, N.Y. — When former Gov. Andrew M. Cuomo was charged in October with allegedly groping a female aide’s breast inside the Executive Mansion, the move was seen as something of a high-stakes risk.

The criminal complaint was centered on a single charge of forcible touching, a misdemeanor typically seen in cases involving unwanted sexual advances in public places, and often difficult to prosecute.

Of the roughly 1,400 cases brought in a typical year across the state where forcible touching is the top charge, nearly four in 10 are dismissed or dropped, according to Division of Criminal Justice Services records.