NYC Statutory Rape Lawyer

NYC Statutory Rape Attorney

The New York Police Department (NYPD) and District Attorneys in the boroughs take statutory rape seriously, and in 2024, laws were changed to provide more protections for victims and harsher punishments for convictions. If you or a family member are facing statutory rape allegations, an experienced NYC statutory rape lawyer can determine your legal options and work toward a favorable outcome in your case.

The Law Office of Jonathan Savella can devote the time to creating a legal strategy tailored to your situation. With the possibility of jail time and the stigma against charges like statutory rape, a skilled and compassionate federal criminal defense attorney in NYC can be key to the success of your case.

Understanding Statutory Rape in NYC

Statutory rape is a general term used to describe sexual activity with someone under the legal age of consent, which is 17 years old in the state of New York and the average age of consent among all states. This means that a person who is 16 years old or younger can’t legally give consent to sexual acts in most circumstances, and their partner can be charged with a crime. New York, however, does not use the term statutory rape, and instead charges are usually one of the following:

• Sexual misconduct is a Class A misdemeanor and is punishable by up to a year in prison. This may be the charge if the person under 17 willingly participates and the defendant is close to the same age. The statute of limitations is two years from the date of the offense.
• Rape in the third degree is a Class E felony and punishable by up to four years in prison. This is a common charge when the defendant is 21 or older, and the other person willingly participates but is under 17. The statute of limitations for rape in the third degree is ten years.
• Rape in the second degree is a Class D felony and punishable by up to seven years in prison. This charge often means that the minor willingly participated but was under 15, and the other person was 18 or over. The statute of limitations is twenty years.
• Rape in the first degree is a Class B felony and punishable by up to 25 years in prison. This is the most serious charge for when the sexual contact is forcible, the victim is under 13 and the defendant is over 18, or the victim is under 11 for a defendant of any age. Rape in the first degree does not have a statute of limitations in New York.

2024 New York State Law Changes

In January 2024, the New York State Assembly passed Legislation S.3161/A.3340, also called the Rape Is Rape Bill, which expands the definition of rape and includes consent as an element of every sexual offense. Prior to this bill, rape only included vaginal intercourse, but it now includes oral and anal contact, which gives greater protection to women and includes the 7.3 million LGBTQ+ people in NYC. These changes apply to statutory rape as well.

What You Can and Can’t Claim as Defense

The main elements to prove in a statutory rape case are that there was sexual contact and that the other person was under 17 years old at the time the act occurred. This means that the defense has to focus on either proving that there was no sexual contact or that the person was not under 17 at the time of the incident.

New York City uses the strict liability rule in statutory rape cases, which means that claiming the minor lied about their age or the defendant mistook them for being older is expressly prohibited as a defense. This also means that the prosecution does not have to prove intent.

The state’s close-in-age exemption is often applicable when the minor is 15 or 16 years old and agrees to participate in the sexual activity if the partner is less than four years older. In these cases, the District Attorney can choose to drop the charges or lessen them to a misdemeanor, which has a significantly lower penalty.

FAQs

Q: What Is New York Law on Consent?

A: The New York law on consent is that anyone under the age of 17 is not capable of providing legal consent to engage in sexual activity, even with someone their own age. If someone does engage in sexual activity with someone under 17, the older person may be charged with rape. Even if the minor agreed or lied about their age, New York still considers the older partner liable.

Q: What’s the Difference Between Rape and Statutory Rape?

A: Rape means non-consensual sexual conduct through force, threat, or a person’s inability to consent, such as by being drugged. Statutory rape is when both parties consent, but one of the people is under the age of consent, which means the act is legally presumed as coercion since the person can’t provide legal consent. However, force or threats are not used in statutory rape. The age of the minor is the key distinction.   

Q: What Is the Romeo and Juliet Law in NY?

A: The Romeo and Juliet law in NY is called a close-in-age exemption. This means that in some cases where the partner is close to the same age as the minor, prosecutors have the discretion to reduce or dismiss the charges against the defendant. This also assumes no force, threat, coercion, or injury happened as a result of the incident. However, in New York, this is not an actual law, so there is no guarantee for defendants.

Q: What Is the Youngest Age of Consent in NY?

A: The youngest age of consent in NY is 17. However, New York’s close-to-age exemption means that the willing participation of some people as young as 15 may be taken into consideration if the defendant is not more than four years older. There are no considerations for minors under the age of 15.

At The Law Office of Jonathan Savella, we understand the gravity of allegations like statutory rape and the long-lasting consequences that even accusations can cause. We devote time and attention to each client to fully understand their case and build the strongest defense possible. Contact us right away to discuss your case and decide which legal options are right for you.