Statutory Rape
Statutory rape is a sex act with a minor (under the legal age of 17). A sex act is legally defined as any type of contact with the sexual organ of the minor. Statutory rape charges are usually brought up by the minor’s parents. Hoever, in New York, statutory rape charges can also be raised by the state. Even if the minor consented to the sex act, and no force was used, statutory rape charges can still be filed. According to New York law, an individual must be 17 years of age before they can consent to a sex act. Until that time, the minor does not have the legal power to give consent.
New York laws specify age restrictions for sexual activities between a minor and a person of authority (teacher, pastor, counselor, etc.). If a minor is below the age of 14, legal punishments will be enhanced, which means the offender may face larger fines and lengthier jail time. In some cases, the courts may be more lenient toward an accused person who is closer to the minor’s age.
Even if the accused had good intentions, or had reasonable belief that the minor was of legal age, he/she can be charged with statutory rape. Statutory rape is considered a strict liability crime, which means the accused is responsible for any damage they have caused to the minor.
Statutory Rape Charges
In New York, law enforcement responds promptly and aggressively to all incidents of statutory rape. In some cases, the minor’s parents will not want to press charges, but New York law enforcement will. Police, social workers, and prosecutors investigate cases of statutory rape vigorously. These investigations can damage the accused person’s career, ruin their reputation, and cause him/her to be shunned by society.
If you have been charged with statutory rape, it is in your best interest to seek legal representation from a knowledgeable New York sex crimes attorney. The legal consequences for statutory rape are devastating. An attorney can protect you and your rights during law enforcement investigations and in court.
Statutory Rape Conviction Punishments
Statutory rape is a severe sex crime. If a person is convicted of statutory rape, he/she will face a variety of punishments such as:
- imprisonment
- court ordered rehabilitation
- monetary fines
- loss of the right to vote
- loss of the right to own a deadly weapon
- probation
Punishments can be enhanced if the offender has prior criminal convictions, is on probation, or if there are aggravating circumstances.
New York Sex Crimes Attorney
If you have been charged with statutory rape, it is important that you seek the representation of a professional New York sex crimes attorney. An experienced attorney can investigate your case, interview key witnesses, challenge evidence presented against you, and defend your legal rights.
The Law Offices of Brian D. Perskin has represented various clients throughout New York during their statutory rape cases. Our attorneys know that early preparation and investigation can help identify the facts surrounding your case. With our expert legal knowledge, we can inform you of your options, negotiate charges with prosecutors, develop appropriate motions to suppress evidence, and build a strong defense on your behalf. At the Law Offices of Brian D. Perskin, we know how sensitive statutory rape charges can be for our clients and their families. We strive to provide compassionate counsel and to keep our clients informed as they go through this complicated time.
If you have been charged with statutory rape in the state of New York, contact the Law Offices of Brian D. Perskin immediately at (866) 668-7584. Our reputable attorneys can discuss your case with you and make this time less difficult.
The Law Offices of Brian D. Perskin proudly serves New York City, Brooklyn, Manhattan, Queens, Bronx, Staten Island, Nassau, Suffolk, Westchester, and Orange.
Contact us about your legal matter today!
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