Bronx Statutory Rape Lawyer
Statutory rape is a charge against defendants accused of having sex with people under the age of 17. Even if the sexual act was consensual and the age gap between the two partners is small, an adult having sex with children under a certain age is always illegal, and in some cases, is the most severe type of rape charge someone can face.
A Bronx statutory rape lawyer could work to defend you against any type of statutory rape charge. Whether the incident involved a case of mistaken age, or if the partners’ ages were not far enough apart to warrant a charge, an aggressive defense attorney could stand up for your rights and present a powerful defense in court.Statutory Rape vs. Standard Rape
New York’s Penal Law carries one set of statutes that outlaws all types of rape. For this reason, defendants may be surprised to learn that even if they have a seemingly consensual sexual encounter with an allegedly underaged partner, they are charged with rape just like with any other instance of forced sexual contact.
Statutory rape is a concept present in New York’s Penal Law but is not a chargeable statute. These incidents are pursued by prosecutors using the core rape statutes. As a result, the penalties for statutory rape are identical to those for any rape that involves the use of force or for rapes committed against someone who is incapacitated. For this reason, it is vital that individuals who are facing statutory rape charges take the prospect of a conviction as seriously as any other defendant facing any type of rape charge.Determining the Severity of the Charge in the Bronx
New York’s Penal Law provides three levels of statutory rape charges. These charges are contained in the statutes that concern all rapes in New York. Courts determine the severity of the charge based upon the age of the alleged victim and the difference in age between them and the defendant.
The least severe form of statutory rape is defined by New York Penal Law §130.25. Known as rape in the third degree, this applies whenever the defendant is over the age of 21 and they allegedly have sex with a person under the age of 17. It follows that 17 is the general age of consent for sexual relations.
However, as the differences in age grow, so too do the potential penalties. New York Penal Law §130.30 states that it is illegal for any person over the age of 18 to have sex with another who is under 15. This is known as rape in the second degree. Under this law, a pair of 16-year-old teenagers who have sex does not commit a crime.
Finally, the most serious version of statutory rape is pursued using rape in the first-degree laws. According to New York Penal Law §130.35, it is illegal for any individual over the age of 18 to have sex with a child under the age of 13. It is also illegal for anyone of any age to have sex with any child under the age of 11, no matter the circumstances. For more insight, get in touch with a Bronx statutory rape lawyer today.A Bronx Statutory Rape Attorney Can Help
Allegations of statutory rape can often be the result of mistaken ages. Still, even seemingly consensual sexual contact between two people may be illegal if there is a sufficient difference in their age. New York treats these allegations as serious matters and prosecutes defendants using the state’s rape laws.
A Bronx statutory rape lawyer could work with you to investigate the events that led to the arrest, to learn what you knew at the time of sexual contact, and to formulate a defense designed to protect both your freedom and reputation. Contact an attorney today to see how they could help you.