The keystone of any allegation of rape is the allegation that there was no consent on the part of the alleged victim. However, if one of the parties to sexual intercourse is a minor, New York law considers them legally incapable of giving consent, regardless of other mitigating circumstances or elements of their sexual contact with an adult. Given the nature of these charges, it is important to understand exactly what the age of consent is, legal rape, and what the criminal charges are for having sex with a minor. Misunderstandings or ignorance of laws regarding legal rape could quickly put you behind bars. The age of consent in New York is not the same as the age of adulthood. Even at age 17, the person is still a minor in the eyes of the federal government and still cannot vote, enlist in the military or serve on a jury. In addition, parents or guardians still have certain rights until a person reaches the age of 18, such as agreeing or refusing to allow a 17-year-old girl to marry or live outside the family home. Each category of crimes in New York has a different maximum penalty, which can include incarceration in a state prison and a fine. Class E felonies are the least serious in New York City, and typically a first-time offender receives only probation, but a possible four-year sentence in a state prison is possible. Section 130.25 of the New York Penal Code criminalizes legal rape. The law states that anyone over the age of 21 who has sexual intercourse with someone under the age of 17 commits third-degree rape. Third-degree rape also applies to sexual intercourse with a person who is incapable or denied consent.
Third-degree rape is a Class E felony in New York City. Sexual offenses are among the most severe crimes punished by the New York State Attorney`s Office and have consequences that can last long after a convicted person has paid the debt to the society demanding their sentence. With this in mind, defendants should promptly seek the help of a competent New York rape attorney who could work to achieve the best possible outcome in their case. Call today to schedule a consultation. The age of consent in New York is 17. This means that anyone 16 years of age or younger cannot legally consent to sexual activity. The law, called Nalia`s Law, is named after a survivor who was forced to marry at the age of 13. New York raised the age of consent from 14 to 17 in 2017 with parental or court approval. Legal rape is sexual intercourse with anyone under the age of consent. People aged 16 and under in New York have no way to consent to sexual activity, so even if they explicitly say yes, sex with them remains a crime. Unlike other rapes and sexual offences, legal rape is not only about saying yes, but also about the legal inability of the accused to give consent.
Legal rape is a serious crime that can land you in jail. It is also important to recognize that states are responsible for setting the age of consent, not the federal government. Therefore, the age of consent may and is different in other states. Do you live or travel outside of New York? It`s important to remember that Ohio or Texas have set their own age of consent and their own legal laws on rape. This eliminates the possibility of multiple defences that would be applicable to other crimes. It is not a defense against legal allegations of rape to claim that the victim consented. Although consent can affect sentencing, a person is still guilty of the crime. The accused who intended to have sexual relations with a person over the age of 17 is also irrelevant to judges and jurors. Also, the argument that you believed the victim was 17 years of age or older is not a defence. Even if the victim lied about their age, it is still a crime to have sex with the person. Senator Julia Salazar, another Democratic sponsor, said in a statement that child marriage has “devastating consequences” on young girls` lives and that the law will protect them. Legal rape allegations in New York are hard to defend.
The legal parameters of legal rape not only complicate the defense, but accusations are rarely laid out by the victim and brought to justice. Instead, the victim`s parents and the state lobby for the arrest, prosecution and conviction of an accused. In fact, the victim`s opinion and insight into allegations of legal rape matters little in a New York court.