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How Does New York Define Statutory Rape?

Posted on in Sex Crimes

Manhattan Sex Crimes Attorney

Although New York state law does not explicitly use the term “statutory rape,” it does define several categories of sex crimes involving underage victims. In general, individuals younger than age 17 are considered to be legally incapable of consenting to sex with adults who are four to five years older. Depending on the age of the victim, an adult engaging in sexual intercourse with a minor may be charged with rape in the first, second, or third degree. The younger the victim, the more severe the crime and punishment.

New York Statutory Rape Involving Victim Under Age 17

The crime of rape in the third degree occurs when an adult age 21 or older engages in sexual intercourse with a juvenile under the age of 17. For example, a 21-year-old who engages in sex with a 16-year-old could be charged with rape even if the 16-year-old claimed the sex was consensual.

A 20-year-old engaging in sex with a willing 16-year-old would not be guilty of rape under this law. However, the 20-year-old could be charged with rape if the sex act was forced or explicitly nonconsensual.

Rape in the third degree is a Class E felony, punishable by a minimum of one and a half years in prison and a maximum of four years, although a judge has the discretion to issue a lesser prison sentence or a sentence of probation.

New York Statutory Rape Involving Victim Under Age 15

Rape in the second degree occurs when an adult age 18 or older engages in sexual intercourse with a juvenile under the age of 15. For example, an 18-year-old engaging in sex with a 14-year-old is guilty of this crime.

Rape in the second degree is a class D felony, punishable by a minimum of two years in prison and a maximum of seven years, although a sentence of probation is possible.

New York Statutory Rape Involving Victim Under Age 13

Rape in the first degree occurs when an offender of any age engages in sexual intercourse with a child under the age of 11. First degree rape can also be charged when an adult age 18 or older engages in sexual intercourse with a juvenile under the age of 13.

Rape in the first degree is a Class B felony punishable by a minimum term of five years and a maximum term of 25 years in prison.

Aggressive Defense from a New York City Sex Crimes Lawyer

An accusation of a sex crime can be extremely damaging to your reputation and career. If convicted, you can be required to register as a sex offender for a minimum of 20 years in addition to serving a lengthy prison sentence. Choose a Manhattan sex crimes defense attorney with a proven record of success in defending those accused of sex crimes. When you need a legal advocate with the experience to provide a forceful defense against any sex crime charge, call Watford Jackson, PLLC at 855-WAT-JACK or 855-928-5225.

 

Sources:

https://www.nysenate.gov/legislation/laws/PEN/P3THA130

 

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