New York City Statutory Rape Lawyer
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. An experienced rape defense attorney could advocate for you.
What is the Legal Age of Consent in NY?
In the state of New York, the age of consent for sexual activity is 17. As such, anyone under the legal age of consent is legally incapable of providing consent to sexual relations. The legislature in the state has enacted a series of statutory provisions in this realm, with accompanying penalties that are quite severe.
The respective ages of the victim and of the party accused of statutory rape may be important factors in terms of the specific degree of the offense charged, as well as the sentencing possibilities should a conviction be obtained. An experienced statutory rape lawyer in New York City could work to identify the potential outcomes of a particular case depending on the relevant circumstances.
Categories of Statutory Rape Charges
If someone who is 21 or older has sexual relations with someone under 17 years of age, they may be charged with rape in the third degree under New York Penal Law §130.25. This is considered a class E felony offense and, as such, can be punished by up to four years in prison.
If the accused perpetrator is over 18 years of age and the victim is less than 15 years old, the charge can be upgraded to second-degree rape according to New York Penal Law §130.30, a class D felony capable of yielding up to seven years in prison.
Rape in the first degree encompasses—among other acts—sexual intercourse with a child less than 11 years old or less than 13 years old with a perpetrator over 18. As stated in New York Penal Law §130.35, this offense is a class B felony for which a prison sentence of up to 25 years may be levied.
Effects of a Statutory Rape Conviction
The penalties for those convicted of statutory rape in New York City can be very severe. Depending on the specifics of a given case, incarceration periods can be relatively brief or can last for decades. In addition, individuals convicted of statutory rape generally face mandatory inclusion on New York’s sex offender registry.
Ancillary consequences of a statutory rape conviction may be even more crippling than the formal sentence itself. Job loss, familial discord, permanent damage to community standing, and loss of professional licenses are just a few ways in which someone’s life can be altered by such a charge.
What is the Five-Year Rule in Teenage Relationships?
The offense of statutory rape can be complicated to prosecute in some cases. While the purpose of these laws is to protect young people from predatory behavior, many juveniles engage in romantic or sexual relationships with individuals in their age group. In an effort to avoid prosecuting teenagers with existing relationships, New York has carved out some exceptions, including the so-called “five-year rule.”
Other states refer to these exceptions as “Romeo and Juliet” laws, but their purpose is the same. The goal is to provide a defense to those who technically violate statutory rape laws, but who are close in age.
Under the five-year rule, an individual who is arrested for a sexual relationship with a minor over the age of 15 could be eligible to be charged with something other than statutory rape. This is only an option if the accused is no more than five years older than the alleged victim.
The reality for some is that New York has not adopted a blanket exception to the rule like other states’ “Romeo and Juliet” laws. Not only are criminal charges still possible, but the exception does not apply at all when the reporting witness is younger than 15.
Possible Defense Strategies for Statutory Rape
There are a number of potential defense strategies to consider when it comes to allegations of statutory rape. Every case is unique, and the facts will ultimately determine what strategy is appropriate. A New York City statutory rape attorney can review the allegations and identify the best possible option.
It is important to note that statutory rape is one of the few sexually-based offenses where consent is not a defense. Unlike rape or sexual assault, it makes no difference if the alleged victim went along with the encounter willingly. People under the age of 17 legally do not have the power to consent to these activities.
Lack of Evidence
While there are options for offering alternative suspects or explaining a different version of the events, sometimes the strongest strategy is to highlight the weakness of the state’s case. The prosecution must establish guilt beyond a reasonable doubt, but there is often limited evidence that a sexual encounter ever occurred in the first place. In many cases, the only evidence is a second-hand account that might not be accurate. A criminal defense attorney could use the limited details to raise reasonable doubt at trial. If the prosecution cannot prove guilt beyond a reasonable doubt, a jury must acquit the accused of the charges.
Actual Innocence
A defendant could also take a more active approach by arguing that they are innocent of the charges. There are different ways of proving innocence, like providing proof that another person was actually responsible. Another example is providing alibi information that shows they could not have been present at the time of the alleged encounter.
Constitutional Violations
Every person is protected from unlawful searches and seizures by the Constitution of the United States. When evidence is seized during an illegal search, a sex crimes attorney could petition the judge to exclude it from trial. This is especially important in cases like statutory rape, where there may be electronic communications that include admissions or discussions about the alleged act. If a device was searched illegally, those conversations could be excluded from trial.
Hiring a Skilled New York City Statutory Rape Attorney
Criminal offenses in the sexual realm are among the most harshly punished by New York state prosecutors, carrying consequences that may endure well after a convicted individual pays the debt to society their sentence demands. In light of this, accused parties should quickly secure the help of a knowledgeable New York City statutory rape lawyer who could work to achieve the best possible result in their case. Call today to schedule a consultation. Our dedicated team is prepared to fight for your rights and your future.