New York Criminal Lawyer Blog
The crime of Rape and its many variations are in the rise not only in New York, but nationwide. Statutory Rape is generally defined as an individual having sex with a victim that is under the age of consent. The age of consent varies from state to state, in New York the age of consent is 17 years old. Often a charge of Statutory Rape is brought by the parents of a minor child; however the state can bring charges as well, even if the parents do not. It is important to realize that even if a person has sex with someone under 17 who gives their consent; it is still considered Statutory Rape. Also know that being mistaken or unaware of the victim’s age is not a defense to this crime. If you have been accused of Statutory Rape, it is important to seek legal advice right away. The charge of Statutory Rape (even if it is not true), can have a very real and long lasting effect on the accused life. If you are convicted of this crime, you could receive a jail sentence, and the imposition of substantial fines, just to start. In addition to the public embarrassment these charges create, it is also possible that you would need to register as a sex offender. A skilled New York Statutory Rape Lawyer can make all the difference in how your matter proceeds.
The crime of Statutory Rape is defined in New York Penal Code Section 130. Which particular provision that will apply is dependent on the age of the victim, and the age of the defendant. There are three degrees of this offense. If the defendant is 21 years of age or older, and the victim is under 17 years of age, the crime would amount to 3d degree rape, which is classified as a Class A misdemeanor. A misdemeanor is punishable by up to a maximum of one year in jail. If the defendant is over the age of 18 and the victim is under the age of 15, the crime is classified as 2nd degree rape, which can be a Class B or Class D felony. A felony is punishable by anything over one year in prison. If the victim was under the age of 11 years old the crime is considered 1st degree rape, and is classified as a Class B felony.
If you have been charged with a Sex Crime, including Forcible Touching, Child Pornography, or Sexual Abuse, it is extremely important to contact a New York Statutory Rape Lawyer as soon as you can. Defending yourself in these matters can be very tricky, as it often boils down to your word against theirs. An experienced Brooklyn Criminal Lawyer can sort through the legal issues and formulate a defense strategy to protect your rights and obtain the best possible result. Being convicted of Statutory Rape can bring a host of life changing consequences for the defendant.
Stephen Bilkis and Associates have experience in these matters and can provide you legal guidance and a free initial case evaluation. We have offices located near you, whether you are in Westchester County or Long Island. Call us today to receive your completely free case consultation at 1-800-NY-NY-LAW.