Brooklyn Statutory Rape
Being accused of any sex crime in Brooklyn can carry significant consequences upon conviction. But statutory rape is a very serious charge that warrants insight from someone who has handled cases like this before.
A Brooklyn statutory rape lawyer can tell you that it is most common in these situations for a minor or his or her parents to bring charges of statutory rape. Statutory rape refers to consensual sex with a minor. The parents are most likely to bring these charges on behalf of the child. Even if the parents do not wish to step forward, the state may.
New York Penal Law 130.25 outlines statutory rape charges. These charges can still apply even if the minor consented to the sex. As a serious sex crime, severe penalties may be associated with a conviction for statutory rape. If you have been charged with forcible touching, prostitution, or statutory rape, you need to consult with a knowledgeable Brooklyn rape defense attorney immediately. Penalties can include heavy fines, registering as a sex offender and jail time. There is also an additional social stigma that may follow individuals who have been accused and convicted of statutory rape. Statutory rape is officially defined in the New York Penal Law sections 130.25, 130.30 and 130.35. Consensual sex with a minor under the age of 17 can lead to statutory rape charges. Due to the complicated nature of this crime, it is very difficult for the prosecution to prove it. The matter of consent is a challenging issue with rape crimes and can be very difficult to prove. There may have been consent between the parties with the victim changed their mind or the victim may have claimed that they were raped out of fear to exact revenge or because of embarrassment. District Attorneys in New York often pursue these crimes zealously and may try to show that the rape occurred beyond a reasonable doubt.
It is the job of your rape defense attorney in Brooklyn to raise reasonable doubt and this could lead to dismissal of your case. There are three primary degrees of statutory rape in New York. These include:
- Statutory rape in the first degree is defined as intercourse with someone aged 11 or younger or a minor under age 13 and the defendant is 18 or older. This is punishable by up to 25 years in prison and is categorized as a B felony.
- Statutory rape in the second degree involves intercourse with an individual under 15 when the defendant is older than 18. If the defendant is less than 4 years older than the alleged victim, this could be used as a defense to this crime. Punished by up to 7 years in prison, this is categorized as a D felony.
- Statutory rape in the third degree is defined as a situation in which a defendant was 21 years of age or older with a victim 17 years of age or younger. This can be punished by up to 4 years in prison and is categorized as an E felony.
In addition to the penalties outlined here, it will be necessary for you to register under the sex offender registration act and this requirement is mandated under federal as well state laws. Risk level designations may be assessed with your case and level three is the most serious. Statutory rape charges can be extremely serious and require you to register. The heavy social stigma linked to this sex crime as well as the penalties that can last for your entire life make it all the more important to hire a statutory rape defense attorney in Brooklyn immediately. Depending on how many other charges you’re facing, such as child pornography, the consequences can be very serious if you are convicted of any. The right statutory rape lawyer in Booklyn is a crucial asset.
Having someone who is on your side and investigating the opportunities to protect you from serious consequences is strongly recommended. No one wants to find themselves facing any type of rape charges, sex crime allegations and white collar crime claims. However, it is imperative that you identify an attorney that will do everything possible to protect you and your interests over the duration of your case.