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However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. In New York, there is a partial Romeo and Juliet exemption for consensual sex between a minor who is 15 or 16 and someone who is younger than There is also a partial exception for consensual sex between a minor who is 11, 12, 13, or 14 years old, and a defendant who is younger than This is a partial exception because, while these parties are protected from felony prosecution, they may nonetheless be charged for sexual misconduct a misdemeanor , which can incur a sentence of up to one year in jail.
Sexual contact with a person younger than 11, however, is always a felony, and a conviction can result in up to 25 years in prison, depending on the facts of the case. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it.
New York Statutory Rape | NY Sex Crimes Lawyer Stephen Bilkis & Associates
But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction. Mistake of age is not a defense in New York. Laws can change at any time. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. New York Statutory Rape Laws. Statutes governing New York's age of consent, associated criminal charges, available defenses, and penalties for conviction.
- What Is the Age of Consent for Sex in New York?.
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- New York Age of Consent Lawyers | LegalMatch Law Library.
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Sex Offender Registration State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including statutory rape must register as sex offenders. When both parties are minors: 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. 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. There are three possible risk level designations for a defendant, with level 3 being the most serious.
New York Age of Consent Lawyers
Find out if your state blocks rapists from asserting parental rights, such as custody and visitation, over children conceived as a result of their crime. Are you thinking of getting help but worried about confidentiality?
Find out how your state protects conversations between victims and sexual assault service providers. The information is not presented as a source of legal advice.
References
If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. RAINN does not assume any responsibility for actions or non-actions taken by people who have used this information, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed. RAINN does not endorse, guarantee or warranty the accuracy, reliability or thoroughness of any referenced information, product or service.
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- The Laws In Your State: New York | RAINN.
- New York Statutory Rape Laws;
- New York Statutory Rape Laws | pcppk.com.
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