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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1st degree rape

:: September 04, 2007 00:43

how much time can a person get for first time offense of rape in the first degree with no criminal record?

In the state of New York, rape in the first degree is a Class B felony. The minimum sentence could be one year and up to a maximum of 25 years (if it was a violent crime.) Many factors go into determining the sentence in a felony conviction. In most circumstances, sentencing is left up to the judge to determine within statutory guidelines. If a fine is imposed, it can be up to $5000.00 or double if the defendant gained monetarily from the commission of the crime. The fine increases substantially if sale of a controlled substance is involved. For details on the laws Please visit New York State Legislature and look up the following laws. PEN (Penal Code) Article 130 Sex Offenses 130.35 Rape in the first degree Article 70 Sentences of Imprisonment Article 80 Fines

16 and 17 year old

:: July 18, 2007 19:36

If a 17 year old male and a 16 year old female are having sexual intercourse and its consensual can he be charged with statutory rape?

Yes, a 17 year old could be charged if engaged in sexual contact with a minor under the age of 17. The age of consent in New York is 17. This means it is unlawful to have sexual intercourse or sexual contact with anyone under the age of 17.

Statutory Rape

:: July 18, 2007 14:25

If a 17 year old male and a 15 year old female are having sexual intercourse and its consensual can he be charged with statutory rape?

Yes. A 15 year old is legally not capable of giving consent to have sexual intercourse making the act illegal in the state of New York.

Statue of Limitation for Section 130.35 Rape in the first degree

:: July 07, 2007 20:12

My girlfriend was the victim of rape in the first degree during the ages of 6-10, years 1976 - 1980. The occurance went unreported until now. We are confused as to the statue of limitations regarding this offense. Could she still press charges for these occurances? She turned 18 in 1988. Being a class B felony, how many years would she have to file a complaint, 5, 25? If the limitation has passes, does she have any other legal options (ie: civil)?

Criminal Prosecutions 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.
Civil Actions 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.

Just wondering...

:: July 07, 2007 13:29

Ok well this is a more or less complicated question. I'm 15 years old, and dating a 13 year old. It is only a 2 year difference which at the moment isnt bad. I turn 16 at the end of july, and she turns 14 at the beginning of august. A mere 3 week difference, but heres the question. Since i'm not familiar with the laws, when would it be absolutely illegal to have sex and be considered rape if charges are filed, even with consent from both parties. Are there any laws before I turn 18?

The age at which you may legally consent to have sexual contact in the state of New York is 17. If you are a minor under the age of 17 and you are engaged in a sexual relationship with another minor or an adult, this would be considered a violation of the criminal code.

I need Help.

:: June 30, 2007 14:32

If I'm 15 and I'm dating a 19 who I'm not supposed to date because I'm enrolled in the PINS program and there is an order of protection but I dont have sex with him and my mother tells the police that I am can he be pressed with statutory rape charges even if shes falsely reporting that we had sex?

If there is an order of protection against the 19 year old and you are ignoring the order to keep a relationship going, it wouldn't matter if you have sex or not; if any part of the protective order is violated he will go to jail for contempt of court. If either of you violates it more than once, the fines and the punishments get more and more serious for him. Do not violate the protective order.

statutory rape

:: June 28, 2007 20:02

How to I file a charge of statutory rape against a 19 year-old male who is having sex with a 15 year old girl? What proof do I need. I live in Suffolk County, NY

A 19 year old and a 15 year old engaged in sexual activity is a violation of state law. Generally speaking, very little evidence is required to open an inquiry or investigation. Procedures very from state to state, city to city. Your local police will be able to answer this question my better than we can. If you are a parent of the 15 year old, go directly to the police and file a report. Try to have the 19 year old's name and any information you can get about him. It will be up to police and the district attorney to investigate the matter. The minor does not have to agree or be cooperative, though it helps if she is. If you are not a parent, you can still report this to police directly however, it may be wise to get the parents involved.

Curious

:: June 27, 2007 14:28

If a 18 yrs old male or female dates a 14 years old male or female, is that considered rape. And if both agree on having a sexual relationship, is that considered rape?

Yes. In the state of New York, a person under the age of 17 is not capable by law of giving consent. This means that even if they verbally consent, under the law it is not valid. See the law below.

§ 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when: 1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act. Rape in the second degree is a class D felony.

15 & 18 can we have a nonsexual relationship?

:: June 26, 2007 14:55

I am 15 years old and going into 11th grade. My boyfriend just turned 18 and just graduated highschool. We have been going out for 4 months now. But we have no intention on having sex before i turn 17. His mother is very nervous because she thinks that i could "cry rape" and that he could go to jail on the spot. I would never do that, but she is afraid that i might. How much are we allowed to do at our ages? Does his mom have the right to prevent him from seeing me? And could he get in trouble that easily if i "cried rape" even though we have never had sex? And if he got arrested could that ruin his future teaching career because he would be labeled as a child molester, even though he obviously isn't?

A 15 year old and an 18 year old dating, require the consent of the 15 year old's parents. Any sexual contact between the 18 year old and the 15 year old would NOT be legal.

New York Penal Code § Section 130 sex offenses
§ 130.05 Lack of Consent A person is deemed incapable of consent when he or she is less than 17 years old. § 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. What this means is, that if a person under 17 says yes to sexual conduct or intercourse, under the law they are not capable of giving consent therefore, there is NO consent. How much are we allowed to do at our ages? No sexual contact. New York Penal code defines sexual contact as: Any touch of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desires of either party. This includes, the touching of the actor by the victim, or the touching of the victim by the actor whether directly or through clothing. Kissing, holding hands, embracing; these would be legal. Does his mom have the right to prevent him from seeing me? Legally, he is now an adult. That doesn't necessarily preclude his mother from finding a way to seperate you. It just means he answers to the adult legal system now and parental control has been released from a legal standpoint. And could he get in trouble that easily if i "cried rape" even though we have never had sex? If a person cries rape and it is proven there is no rape, that person can be charged criminally with filing a false police report, as well as, sued civily. It's a serious crime with serious consequences. And if he got arrested could that ruin his future teaching career because he would be labeled as a child molester, even though he obviously isn't? He would probably not be labeled a child molester given his age and your age; however, the situation you described has certainly happened in reality to others and yes, it does destoy lives and futures.

Age Of Consent New York

:: June 25, 2007 17:21

If a 16 year old girl is going out with an 24 year old boy, but the girls parents do not approve because of the boys age. Can the parents press charges against the boy and/or throw him in jail because of his age even if the girl is about to be 17?

It is not legal for a 24 year old to have sexual contact with a minor under the age of 17. The parents of the 16 year old would be acting on their legal parental authority to report the 24 year old to police. Upon filing a report, an investigation may be initiated. A New York state proscutor would determine if any laws were violated. If yes, the state of New York would file charges against the 24 year old accordingly. Incarceration would depend on what the 24 year old was charged with. A minor is under the legal authority of the parents until the age of 18. The parents maintain legal control and are accountable for the safety, welfare, and behavior of their minor children.

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