Statutory rape defines forcible sexual acts that involve a mentally handicapped person or a minor as the victim who cannot give consent for these acts. In NY, it can also refer to any sexual act that doesn’t involve force or threat, but instead uses coercion which is presumed illegal.
The exception is usually the Romeo and Juliet laws which state that an adult who is three years older than the minor cannot be prosecuted for the crime. This applies only where force is not used on the minor. Having a lawyer with prowess in this field works to your advantage as the line is quite thin.
Statutory Rape Laws
Statutory rape laws are strict in the hopes of discouraging people from perpetrating this heinous act. Some states have gone as far as defining rape as not only involving penetration with body parts, but also using objects. Fellatio, anal intercourse and cunnilingus are also against some state’s’ rape laws.
The laws also prohibit the use of violence using weapons, plying the victim with alcohol, drugs or threatening them e.g. blackmail to coerce someone into sexual intercourse.
Statutory Rape Cases
Statutory rape cases are becoming more prominent thanks to the high publicity surrounding them. In former years, many victims rarely reported the cases due to various reasons like psychological damage. However, more victims are reporting such cases some from years ago.
Statutory Rape Charges
Rape charges are serious allegations that if brought against you, can ruin your life. To defend yourself and for justice to be served, you will need an attorney to defend you appropriately by cross-examining the accusation brought against you. Our law office are open for people with such charges and we’ll defend them to the best of our ability.
We will work hard on your case to lessen your sentence. For instance, if it’s plausible we can argue that you had no idea the victim was a minor, especially if they duped you into thinking otherwise.
We can also argue statute of limitation if the rape occurred a long time ago. This is because rape charges should be brought on not more than five years after the occurrence unless the minor was a minor during the time of rape.
Statutory Rape Penalties
The laws surrounding rape and sexual abuse in NY come with penalties which are defined by the age of the victim. The conduct surrounding the sexual crime also plays a key role in deciding the penalty.
First degree rape is a class B felony and refers to the crime being perpetrated on a child 11 years and below. This carries a minimum sentence of 25 years or more in prison with a minimum of five years.
Second degree is a class D felony that involves a minor, 15 years and below, with the perpetrator being 18 years and over, thus is older than the minor by four years or more. If convicted, one can get seven years in prison with a mandatory of serving at least three years.
Third degree on the other hand is a class E felony and involves a perpetrator who is 21 years old or more with a victim who is under 17 years of age. Jail term is usually around four years.
Statutory Rape Trials
Rape trials are usually high profile with the local community and even the world keenly following the proceedings. This can affect your life and your loved ones in a bad way as they will be discriminated wherever they go.
Get in touch with The Law Office of Stephan Jacob Siegel, Esq. for more information!