In New York State, the age of consent for sexual activity is 17. This means that if you are intimate with a minor, even if they freely consent to the act, you could be charged with statutory rape, a stigma-laden crime that can send you to prison for several years. The same offense applies if you engaged in sexual intercourse with someone who could not consent due to mental illness or other recognized disability.
Unlike some crimes, statutory rape is a strict liability offense, meaning that the prosecutor does not have to prove that you knew your sexual partner was under age or otherwise incapable of giving consent. It is no defense to claim that you thought he or she was over 18 when they were really 16 or even younger.

The age factor

New York law makes it clear that if you are over the age of 21 and had sex with someone under 17, or if you are 18 or older and engage in sexual intercourse with an individual less than 15 years of age, the crime of statutory rape applies. However, in the latter scenario, it is an affirmative defense if:

You are less than four years older than the victim at the time of the alleged sexual act.
This is one of many special rules that apply to statutory rape cases. There are others, which is yet another reason why you should call an experienced New York sex crimes defense attorney if you are accused of this crime.

Degrees of Statutory Rape

• There are three degrees of statutory rape in New York criminal law. The charge you face will primarily depend on your age and that of your former partner.
• Rape in the Third Degree: Applies when you are over 21 and have sexual intercourse with a person under the age of 17. The penalty for this Class E felony is up to four years in prison.
• Rape in the Second Degree: You can be charged with this Class D felony if you are over the age of 18 and have sex with someone under 15. If convicted, you could spend four to seven years in a state prison.
• Rape in the First Degree: If you are over 18 years of age and have sex with someone under 13, or if you have sex with someone younger than 11 years of age, then you face charges of Rape in the First Degree, a Class B felony punishable by up to 25 years in prison.

No matter which degree you are charged with, you will be registered as a sex offender upon conviction and face future challenges such as limited job opportunities and denial of housing.
Sex crimes, especially those involving minors, are vigorously prosecuted, with the goal being to saddle the alleged offender with the harshest penalties available under the law. Your New York criminal defense attorney will expend every possible effort to defend your rights and achieve the most favorable outcome the circumstances support.
Call the Law Offices of Julie Rendelman, LLC if statutory rape charges have been filed against you. It is important that you consult with an experienced attorney and review your options as soon as possible. Call 212-951-1232 to reach Ms. Rendelman for a free consultation.