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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What is the legal age in New York?

:: June 19, 2007 22:13

what is the legal age for a female to have sex in new york

The age of consent in New York is 17.

Statute of Limitations in New York

:: June 19, 2007 12:11

Well I actually live in Canada, Ontario. If I was 14 and had sex with an 18 year old in July of 2006 and now I feel taken advantage of and exploited, would I still be able to take legal action even though it was last year? Would it still be statutory rape?

Yes, you can still file a complaint. You would have to file the complaint with the local police where the act occurred. Below is the statute of limitations for sexual offenses. The New York DA would make the determination as to what offense should be charged and how to apply the statute of limitations law. 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.

Help Me!

:: June 15, 2007 19:40

I am 16 years old can i date an 18 year old?

If by "Date" you mean hang out, have NO sexual contact and do it with your parents knowledge and consent, yes, this is perfectly legal. If by "Date" you mean have sexual relations, No, this would not be legal in the state of New York and the 18 year old would be at risk of criminal prosecution if charged.

my just turned 15 year old is pregnant from 25 year old

:: April 23, 2007 12:24

My daughter has been seeing a 24-25 year old, and now is pregnant. Local police said nothing could be done with out proof, or her statement. She just turned 15 on 4-19-07, she is over 8 weeks pregnant. What rights or laws can apply? Thank you

The following law may apply to your situation if your daughter was under the age of 15 when the sexual act occured and the perpatrator is more than 4 years older than your daughter. New York Penal Code § 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. Or, New York Penal Code § 130.60 Sexual abuse in the second degree. A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is: 1. Incapable of consent by reason of some factor other than being less than seventeen years old; or 2. Less than fourteen years old. Sexual abuse in the second degree is a class A misdemeanor. Police must follow specific procedures in order to make an arrest. You may want to contact your court clerk to inquire about local procedure for filing a temporary restraining order against the 24 year old. This is a court order that will establish a protective boundary while you get legal council.

teacher sexual assault of a minor

:: September 22, 2006 22:46

If a teacher is arrested on statutory rape of a 16 year old, is he only fired when and if he is indicted or found guilty?

This would be a question of policy for the school administrators rather than a question of law. It's not one that we can answer definitively here at SexLaws.org Presumption of innocence until proven guilty would factor into this situation.

Statutory Rape

:: September 20, 2006 18:08

What is the statue of limitations for statutory rape in New York State,

It depends on how the prosecution of the statutory rape is classed. This generally depends on the age of the parties involved. Misdemeanor prosecution must commence within three years after the commission. Class D Felony prosecution must commence within five years after the commission.

15 and 18

:: September 01, 2004 03:13

My 15 year old friend is dating a senior who is 18. What would be considered illegal for them? Is it rape if she's willing?

At the ages they are, sexual contact, such as touching of breasts, buttocks, or sexual organs, would be permitted, but sexual intercourse or oral sex would be a misdemeanor charge, punishable by up to 1 year in jail and a $1000 fine.

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