Queens Statutory Rape

It is a crime to have any type of sexual contact with a minor. If you do, you will have committed what is commonly called "statutory rape." While under New York Penal Law rape specifically refers to having sexual intercourse with another person without that person's consent, the term statutory rape may refer to any of several different types of sexual assault where the victim is a minor. The two common elements of any sexual assault charge are the lack of consent and a sex act. The lack of consent element of a sexual assault is often physical force. However, legally there can be no consent where the other person involved in the sex act does not have the ability to consent because he or she is a minor. This means that even in cases where the minor appeared to have agreed to the sex act or where the minor initiated it, you still could be convicted of statutory rape based solely on the person's young age. If you are convicted of statutory rape, not only is there are strong possibility that you will end up in prison, but you may also be required to register as a sex offender for 20 years or more. Because the possible severe consequences of being convicted of having sex with a minor, if you are accused of any type of sex act with a minor it is critical that you contact an experienced Queens Statutory Rape Lawyer who will review the facts of your case, explain the legal process, and aggressively defend you against the charges.

Types of Statutory Rape

There are several types of sexual assault that can be the basis of a statutory rape charge. Rape in the third degree is the least severe statutory rape charge. You will be charged with rape in the third degree based on having sex with a minor if you are at least 21 years old and have sexual intercourse with someone who is less than 17 years old. It is a Class E felony. N.Y. Pen. Law § 130.25

You will face the charge of rape in the second degree if you are 18 years old or older and have sexual intercourse with a minor who is less than 15 years old. For this charge you also must be 4 or more years older than the other person. It is a Class D felony. N.Y. Pen. Law § 130.30.

You will face the charge of rape in the first degree if you have sexual intercourse with someone who is age 11 or younger, or if you are at least 18 years old and have sexual intercourse with someone who is less than 13 years old. Rape in the first degree is the most severe rape charge. It is a Class B felony. N.Y. Pen. Law § 130.35.

You will face the charge of criminal sexual act in the third degree if you have oral or anal sex with a minor who is less than 17 years old. N.Y. Pen. Law § 130.40. It is Class E felony with a possible sentence of up to 4 years in prison. Criminal sexual act is the second degree involves having oral or anal sex with someone who is less than 13 years old and you are at least 18 years old. You will also face this charge if you are at least 4 years older than the victim. N.Y. Pen. Law § 130.45. It is a Class D felony with a possible sentence of up to 7 years in prison. Criminal sexual act includes oral or anal sex with someone who is younger than 11, or with someone who is younger than 13 if you are at least 18 years old. It is a Class B felony. N.Y. Pen. Law § 130.50. The possible sentence is up to 25 years in prison.

Sexual abuse in the third degree involves having sexual contact with a minor who is 15 or 16 years old and you are at least 5 years older than that minor. N.Y. Pen. Law § 130.55. Sexual contact is defined as the touching of the intimate sexual parts of another person for the purpose of sexual gratification. Sexual abuse in the third degree is a Class B misdemeanor with a possible sentence of up to 3 months in jail. The charge will be raised to sexual abuse in the second degree if you have sexual contact with someone who is less than 14 years old. N.Y. Pen. Law § 130.60. It is a Class A misdemeanor with a possible sentence of up to 1 year in jail. If the sexual contact was with someone who is less than 11 years old, then the charge will sexual abuse in the first degree. N.Y. Pen. Law § 130.65. It is Class D felony with a possible sentence of up to 7 years in prison.

Sexual misconduct is the charge you will face if you have oral sex, anal sex, or sexual intercourse with a minor who is less than 17 years old. N.Y. Pen. Law § 130.20. It is a Class A misdemeanor with a possible sentence of up to 1 year in jail.

Defenses to a Statutory Rape Charge

While there are several defenses to a statutory rape charge that may be available to you, the sexual assault statute specifically provides the "Romeo and Juliet defense and the marriage defense. So-called Romeo and Julie rules apply to statutory rape laws and are designed to protect from prosecution those people who have consensual sex with minors who are close in age. While the various New York sex crimes statutes have slightly different rules, in general, if there is less than a 5 year age difference between you and the minor and the sex was otherwise consensual, you would not be charged with a sex crime. However, the Romeo and Juliet exemption does not apply to having sex with anyone who is under 11 years old.

Another defense is the marriage defense. If you and the minor are legally married and the rape charge is based on lack of consent due to age, then the marital defense applies and you cannot be charged with statutory rape. N.Y. Pen. Law § 130.10.

Neither the Romeo and Juliet defense or the marriage defense applies if you used physical force to compel the minor to complete the sex act.

Sex Offender Registration

Under the Sex Offender Registration Act (SORA), if you are convicted of practically any sex crime you will be required to register as a sex offender. This means that if you commit statute rape in addition to being sentenced to probation, jail or prison, you will also have to provide certain information to a designated law enforcement agency. Such information includes your name, aliases, home address, the crime you committed, your sentence, your email addresses, your online screen names, and your photograph. You will be required to verify such information on a regular basis. If you move to a new jurisdiction, you will have to register with law enforcement in your new jurisdiction. If the court determines that you pose a high risk to the community, then this information will be available to the public via the internet. This means that anyone could go online and find out that you are a sex offender and also find out where you live and other details about you. Under the SORA you will have to register for at least 20 years. Some will have to register for life.

If you are facing a statutory rape charge based on any type of sex crime, you should immediately consult an experienced Queens Statutory Rape Lawyer. There may be defenses to the charges that may result in the charges being dropped, reduced, or in you being acquitted. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of statutory rape as well as other sex crimes such as sexual abuse and criminal sexual act. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations:

CONTACT US FOR A FREE CONSULTATION
1-800-NY-NY-LAW (1-800-696-9529)