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The linchpin of any rape accusation is an assertion that there was a lack of consent on the part of the alleged victim. However, when one of the parties to sexual intercourse is a minor, New York law deems them legally unable to provide consent, regardless of any other extenuating circumstances or elements of their sexual contact with an adult. A charge of statutory rape can be applied to a participant of such conduct more easily than many realize, and the effects can prove truly devastating. If you are facing this type of investigation, or if charges were already filed, the help of a New York City statutory rape lawyer may be critical to protecting your rights and representing your best interests.
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In New York, the age of consent for sexual relations is 17 years old. However, if the parents do not step forward, often the state will.
What is the age of consent in new york?
The charge of statutory rape New York Penal Law Statutory rape is a serious sex crime, and can bring severe penalties if you are convicted. If you have been charged with statutory rape, forcible touching New York Penal Law Penalties may include jail time, heavy fines, and the possible requirement to register as a sex offender.
In addition, being accused of a sex crime can carry a social stigma that may damage your reputation and hamper your ability to gain employment and housing for many years to come. This crime is defined as having consensual sex with a minor that is under the age of 17 years old.
This crime is difficult to prove because of its nature. The matter of consent becomes a difficult issue with rape crimes, and can be hard to prove.
There may have initially been consent between the parties, but the victim could have changed his or her mind or felt guilty afterward. The victim could then claim that they were raped because of embarrassment, out of fear, or to exact revenge.
A New York District Attorney may try to show that the rape occurred beyond a reasonable doubt.
If your lawyer is successful, this might result in a dismissal of your case. Statutory Rape in the 1st Degree is defined as intercourse with a minor 11 years of age or younger, or with a minor under 13 years of age when the defendant is 18 years of age or older.
This crime is classified as a B felony, which is punishable by up to 25 years in prison. Statutory Rape in the 2nd Degree is defined as intercourse with a person under 15 years of age, when the defendant is over 18 years old. If the defendant is less than 4 years older than the victim, it can be an affirmative defense to this crime.
Age of consent in new york city
It is considered a D felony, which is punishable by 7 years in prison. Statutory Rape in the 3rd Degree is defined as having intercourse with a victim that is less than 17 years of age when the defendant is 21 years of age or older.
This crime is an E felony, punishable by up to 4 years in prison. This requirement is both under state and federal laws.
Of statutory rape charges
There are three possible risk level deations for a defendant, with level 3 being the most serious. This system was initially created to allow the government to keep track of the whereabouts of sex offenders.
In some jurisdictions, sex offenders are subject to other restrictions as well, such as limitations on housing. Due to the heavy social stigma associated with this sex crime, as well as the serious penalties, it is important that you do not underestimate the importance of having an experienced New York Sex Crime Lawyer assist you. Whether you have been charged with date rape, prostitution New York Penal Law Call us today at Please do not include any confidential or sensitive information in a contact form, text message, or voic.
Statutes governing new york's age of consent, associated criminal charges, available defenses, and penalties for conviction.
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Statutory Rape. There are three degrees of Statutory Rape: Statutory Rape in the 1st Degree is defined as intercourse with a minor 11 years of age or younger, or with a minor under 13 years of age when the defendant is 18 years of age or older. Justia Law Firm Website De.