New York Statutory Rape
In New York, the age of consent for sexual relations is 17 years old. A New York Statutory Rape Lawyer will tell you that it is most common for the minor’s parents to bring charges of statutory rape (consensual sex with a minor) on behalf of the child. However, if the parents do not step forward, often the state will. The charge of statutory rape (New York Penal Law 130.25) will still be valid even if the minor consented to sex. 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 130.52), or prostitution (New York Penal Law230.00), consult with a qualified New York Statutory Rape Lawyer from the Stephen Bilkis and Associates team right away. 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.
The New York Penal Law Sections 130.25, 130.30 and 130.35, define statutory rape. 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. It will be the job of your skilled New York Sex Crime Lawyer from Stephen Bilkis and Associates to raise reasonable doubt. If your lawyer is successful, this might result in a dismissal of your case.
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. 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. 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.
In addition to the above penalties, it will be necessary for you to register as a sex offender under the Sex Offender Registration Act (SORA). This requirement is both under state and federal laws. There are three possible risk level designations 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. Sometimes they will be unable to live near a school, will not be allowed to be left alone with minors, and/or will be prohibited from using the internet.
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. Contact the offices of Stephen Bilkis and Associates for advice and a free consultation with a New York Statutory Rape Defense Lawyer. Whether you have been charged with date rape, prostitution (New York Penal Law 230.00), sexual abuse or indecent exposure (New York Penal Law 245.01), we can discuss possible defense strategies with you. Our New York City offices serve clients throughout the five boroughs of New York City including Brooklyn, the Bronx, Manhattan, Staten Island and Queens, as well as in Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County. Call us today at 800.696.9529 to schedule your free consultation