Age of Consent Questions for New York

Q&A on statutory rape laws, age of consent laws, sexual assault laws for New York. Ask your Question

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Sexual Assault

:: January 30, 2009 15:06

I was 14 years old when I was sexually assaulted by a 19 year old male. The perpatrator was charged as a minor and got off with three years of probation for endangering the welfare of a child. How is this fair? If he were to have commited another crime he would have been charged as an adult. Am I right on that fact?

There would need to be more detail provided about the case to answer this question. If the crime was committed by an adult while they were the legal age of majority (18) or older, they should not be charged or convicted of a crime as a minor. The legal age of majority in the State of New York is 18. This is the age at which a person is held accountable to the "adult" system of justice; however, if the crime against you was committed while the perpetrator was a minor under the age of 18, but charges were not filed or a conviction was not won until after he was 18 years of age, then charging him as a minor would certainly be possible.

statory rape

:: October 12, 2008 20:37

What is the statute of limitations on statutory rape in New York state. what is the age for it to be considered statutory rape in New York state?

New York Criminal Prosecutions Statute of Limitations

Citation: Crim. Pro. Law § 30.10

The statute of limitations for certain offenses against a child will not begin until the child reaches 18 years of age or until the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier. The offenses included are:

  • Sexual offense
  • Incest
  • Use of a child in a sexual performance
The statute of limitations for sexual conduct in the 1st or 2nd degree is a period within 5 years after commission of the offense. Generally, the following statutes of limitations apply:
  • For a class A felony, there is no statute of limitations.
  • For any other felony, it is a period within 5 years after commission of the offense.
  • For a misdemeanor, it is a period within 2 years after commission of the offense.

New York Civil Actions Statute of Limitations

Citation: Civ. Practice Laws & Rules § 208

The statute of limitations will not begin for a minor entitled to file a claim until he or she reaches 18 years of age if the limitations period otherwise prescribed for the claim runs for 3 years or more and ends no later than 3 years after the minor reaches 18 years of age. The statute of limitations for filing a claim that has a limitations period of less than 3 years extends for a minor entitled to file a claim for the period during which he or she is under 18 years of age. The statute of limitations period will not last beyond 10 years after the cause of action arises.

New york Age of consent laws

In the State of New York, a person is deemed incapable of consent when he or she is: 3. A person is deemed incapable of consent when he or she is: (a) less than seventeen years old; or (b) mentally disabled; or (c) mentally incapacitated; or (d) physically helpless For more on the laws in New York Visit http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS Scroll down the list and click PEN (Penal law). Find and click Article 130 SEX OFFENSES.

17 and 15 with parents permission

:: March 11, 2008 19:59

my friend is a Seventeen year old male, and he has a 15 year old girlfriend, they have had sexual intercourse. The females parents know of them having sex, both the girl and her mother approved of their having sex. The males parents want to charge him with rape. Can his parents charge him with rape? What is affirmative Defense? If both the parent of the girl and the girl were willing with the sexual intercourse, do the males parents have a legal case?

A 17 year old is legally capable of consenting to sexual contact and intercourse. A 15 year old is NOT legally capable of consenting to sexual contact or intercourse. At 15 years of age, the New York "Lack of Consent" law applies. This means, the 17 year old is violating a state law by engaging in sexual acts with a minor under the age of 17.

§ 130.05 Sex offenses; lack of consent.
3. A person is deemed incapable of consent when he or she is:
    (a) less than seventeen years old; or (b) mentally disabled; or (c) mentally incapacitated; or (d) physically helpless; or
It does not matter that she or her parents have given consent verbally or otherwise. The law says she is incapable of giving such consent. In they eye of the law, the 17 year old is engaging in sexual acts with a minor, without consent.
§ 130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:
    1. He or she engages in sexual intercourse with another person without such person's consent; or 2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or 3. He or she engages in sexual conduct with an animal or a dead human body. Sexual misconduct is a class A misdemeanor.
His parents do not need to make a case; they only need to file a report with the police or the DA's office. Depending on local procedure and resources, the 17 year old may be cited and/or arrested and prosecuted. Due to the age difference between them not being more than 4 years, evidence may be presented to negate criminal liability, this would be called an affirmative defense to the crime and charges may not be filed. If such evidence does not exist, the charges may be filed as a Class A Misdeanor.
  • Misdemeanor Class A - Max fine $1000. The prison term shall be fixed by the court for not more than 1 year.
In criminal cases, it is not up to a parent to make a case. It is up to a New York State prosecutor. With regard to her parents consenting to the sexual relationship: Parental authority does not extend to overriding state laws. A parents permission will not make it legal.

what about kissing

:: February 17, 2008 16:55

Can an 16 year old female kiss an 18 year old male legally? Kissing meaning "make out".

Kissing on the mouth is not part of the legal definition of "sexual contact". In the state of New York, a person 18 years of age should consider the "legal" definition of "Sexual Contact" as a guide to establish the boundaries of a "make out" with a minor. Anything within this definition, up to and including oral sex, or sexual intercourse, would be a violation of the law and could land the 18 year old in legal trouble. The list below is the short list. For the full list see New York Sex Laws

New York Penal Code § 130.00 Sex offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight.

2. (a) "Oral sexual conduct" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
(b) "Anal sexual conduct" means conduct between persons consisting of contact between the penis and anus.
3. "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.

10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.

18 and 16

:: February 17, 2008 16:43

can an 18 year old date a 16 year old and not hav sex.

If the sixteen year old's parents do not object to the dating arrangement, yes, an 18 year old can date a 16 year old as long as there is no sexual contact.

is my freedom safe or is it endangered?

:: February 13, 2008 16:55

I am a 24 year old male dating a 17 year old female in NY. if i have sexual intercourse or any other form of intimacy, is it unlawful?

In the state of New York, the age in which a person can no longer be a victim of statutory rape is 17. At 17, a person may legally consent to sexual activity with a 24 year old. At 17, a person is still a "minor" and is still under the care, welfare, and control of the parents. It is "possible" for a parent to object to such a relationship and take legal measures to prevent it; however, the 24 year old could not be charged with a sexual offense for having consensual sex with a 17 year old according to the New York law 130.05

You are wrong

:: January 29, 2008 22:29

A 17yr old and 16 yr old can legally have sex in ny state. The Law is 21 and over and under 17. For under 21 its 15. 16 if 20. it can not be more than 4 years. Just letting you know the official law on ny state website.

There is an "affirmative defense" clause in the law based on a 4 year age difference; however, it should not be interpreted as an automatic free ticket from criminal prosecution. In New York Penal Code (Criminal laws for the state) a violation of the sex offense laws takes place when a perpetrator commits specific acts against a victim without their consent. Lack of consent is defined within the New York Criminal code Article 130.05 in detail that includes forcible compulsion, physical helplessness, and age of consent. Age of consent is defined this way. A person is incapable of consenting to sexual intercourse or sexual contact if they are less than 17 years old. A person 18 years of age or more can be charged with a 1st degree sexual offense if the victim is under the age of 13. 1st degree crimes are the most serious violations. A person 18 years of age or more can be charged with a 2nd degree sexual offense if the victim is under 15 years of age; however, if the perpetrator is less than 4 years older than the victim, this “may” be used in an affirmative defense where evidence is introduced to negate criminal liability. Sources: Laws of New York New York City Alliance Against Sexual Assault

NY Statutory Rape and District Attorneys

:: January 11, 2008 07:40

How long does it take for the district attorney to investigate a statutory rape complaint?

I am sorry but we are unable to research these types of questions. Our research covers State laws in all 50 states. Some questions are too localized for us to research as we do not collect your location data by "city" but rather only by state. The length of time for any complaint to be investigated by police or the DA will depend on local case loads, staffing, police resources, internal policies etc... it will be different from one City, Burrough or County to the next. Your best chance to find an accurate answer to this question would be to contact your District Attorney's office or local police.

Sex at 17?

:: November 16, 2007 18:45

When I turn 17 I can have sex with anyone I want and my parents can't legally do anything about it?

At 17, unless you are an emancipated minor, you are still the legal responsibility of your parents. Parents are legally responsible for the care, welfare and control of their minor children until the age of 18. At 17, you are deemed old enough by law to consent to have sexual contact with another person 17 or older. This means, no one will be charged with a criminal sexual offense because no criminal laws would be violated; however, the parents still have legal control of the minor and may use other legal means to control the actions of the minor, or the actions of another as a preventative or protective measure.

Two 16 year olds having sex

:: November 12, 2007 09:46

We just found out our 16 year old son is having sex with his 16 year old girlfriend; can her parents charge our son with statutory rape?

Not Likely. There is no way to say with absolute certainty how authorities might respond or how a family court judge might rule on something like this. Let's say, the girls parents did report this to authorities; in most juvenile justice systems across the country where minors, very close in age, are caught having consensual sexual intercourse, family court judges have been known to hold both minors to the same standards for a particular violation. Both minors may be found equally culpible and accountable for their actions. This would likely not be treated as a criminal offense if no criminal history or past similar offenses exist.

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