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Statutory Rape

Defending Against Statutory Rape Charges in New York

NYC Statutory Rape Attorney

At Maryam Jahedi Law Firm P.C., we understand the gravity of such allegations and the life-altering consequences they can have. We aim to ensure that you receive a fair and just legal defense, and we are committed to protecting your rights and your future. Allow our NYC statutory rape lawyers to guide you through this complex legal process and help you achieve the best possible outcome.

What is Statutory Rape?

Statutory rape is a criminal offense that involves sexual activity with a minor who is under the age of consent. In New York, the age of consent is 17 years old. It's important to understand that statutory rape laws are in place to protect minors from sexual exploitation and abuse, even if the minor appears to have consented to the activity. Unlike other forms of rape, statutory rape does not need proof of force or lack of consent. Instead, the focus is on the age of the individuals involved.

In cases of statutory rape, the law assumes that minors are not competent to give informed and voluntary consent to sexual activity. This means that even if a minor willingly engages in sexual activity, the law considers it non-consensual due to the minor's age. It's essential to be aware that ignorance of the minor's age is not a valid defense in statutory rape cases.

What Are the Penalties for Statutory Rape in New York?

The penalties for statutory rape in New York can be severe, and they vary depending on the specific circumstances of the case. The severity of the consequences often depends on the age of the minor involved and the age difference between the parties. Here are some common penalties associated with statutory rape in New York:

First-degree rape: This applies when the victim is younger than 11 and the offender is 18 or older. Such an offense is considered a Class B felony, which carries a penalty of up to 25 years in prison.
Second-degree rape: This offense includes sexual intercourse between people who are more than four years separated in age, the defendant is at least 18 and a minor is younger than 15. This offense is a Class D felony, and a conviction can result in up to seven years in prison.
Third-degree rape: When the defendant is at least 21 and has sexual intercourse with individuals younger than 17. This offense is considered a Class E felony, which is punishable by up to four years in prison.

Defenses Against Child Molestation Charges

Some common defenses against child molestation charges may include:

False Accusations: Child molestation cases can sometimes be based on false or mistaken accusations. We can investigate the credibility of the accuser and gather evidence to support your innocence.
Consent: If the minor involved was of legal age and consented to the sexual activity, we can work to establish this fact to potentially reduce or dismiss charges.
Lack of Evidence: The prosecution could lack sufficient evidence to prove the allegations beyond a reasonable doubt. We can challenge the prosecution's case and seek to have charges dropped or reduced.
Procedural Errors: We can meticulously examine the legal procedures followed in your case to identify any errors or violations of your rights that could result in case dismissal or reduced charges.