New York Statutory Rape Defense Attorney

Have you been accused of rape on the basis of the victim's age? Sexual activity which was entirely consensual may be brought into question on the basis of the age of the victim and the defendant. These charges are commonly referred to as "statutory rape." By talking to an attorney about your case as soon as possible, you can find out if you are at risk of facing criminal charges and serious penalties. A New York rape defense lawyer at Conaway & Strickler, P.C. can meet with you and discuss your options during a free case evaluation.

Rape is a crime that involves nonconsensual sexual intercourse. Although many may associate "nonconsensual" with forced or unwanted sexual acts, this term may also apply if the victim is below the age of consent. In New York, a minor under the age of 17 is deemed under the age of consent to engage in sexual activity with a person who is 21 years of age or older. Depending on the age of both parties, the specific age of consent may vary. When a person is below a certain age, he or she is unable to give legal consent to sexual intercourse and as such any adult who engages in sexual intercourse with a minor may be at risk of facing statutory rape charges.

Penalties for Statutory Rape in New York

Statutory rape is a sex crime that involves sexual intercourse between a minor and an adult. In New York, a person may face first, second or third degree rape charges depending upon the age of the alleged victim and the age of the offender. New York's statutory rape laws are as follows, ranging in severity from least to most serious:

Rape in the Third Degree: engaging in sexual intercourse with a person less than 17 years old, when the defendant is 21 years of age or older. This form of statutory rape is a Class E Felony in New York, punishable by up to 4 years imprisonment.

Rape in the Second Degree: engaging in sexual intercourse with a victim who is less than 15 years old, when the perpetrator is 18 or over. If the defendant is less than 4 years older than the victim, however, this may be an affirmative defense to these charges. Second degree rape is a Class D Felony, punishable by up to 7 years imprisonment.

Rape in the First Degree: engaging in sexual intercourse with a minor under the age of 11, or with a minor under the age of 13 if the defendant is 18 or over. First degree rape is a Class B Felony and is punishable by up to 25 years imprisonment.

Contact a New York statutory rape attorney at Conaway & Strickler, P.C. today!