Facing charges for statutory rape is an overwhelming experience. This is a serious offense, and a conviction can come with a lengthy prison sentence and mandatory registration as a sex offender. If New York police have arrested you for statutory rape, it is critical that you contact a criminal attorney as soon as possible.
A New York City criminal lawyer from Goldberg & Allen, LLP can evaluate the charges, gather evidence and structure a comprehensive defense. Call 212-766-3366 to schedule a consultation. Until then, read on to learn three defenses that will not work against statutory rape charges in New York:
- Age Proximity
In New York, you will not face charges of rape if you are less than four years older than the victim, provided that the sex was consensual and the minor was not younger than 11. This is a misdemeanor offense.
However, you cannot use age proximity as a defense against felony statutory rape. Even if the defendant is a minor, this defense will not work.
- Ignorance of Age
Defendants in statutory rape cases cannot claim ignorance of the victim’s age as a defense, even if he or she lied. However, your criminal attorney may be able to reference this as a mitigating factor to support a false accusation defense. In this situation, proving that the minor lied about his or her age could make you appear more credible. On its own, however, ignorance of age will not work as a defense.
- Consent
You cannot use consent as a defense against statutory rape charges. The point of these charges is that the victim was too young to give legal consent in the first place.
Several other defenses exist that may be effective against charges of statutory rape in New York. Perhaps another person committed the crime, or maybe the offense never happened.
New York also has an exemption for married couples. If a minor and an adult are legally married, they can have consensual sex even if their ages would prohibit it if they were not married.
What Are the Consequences of a Statutory Rape Conviction in New York?
If you are convicted of statutory rape in New York, the consequences will depend on the facts of your case. The most important factors are your age and the victim’s age. If you have been charged with statutory rape and would like to learn about defenses that may apply to your case, contact a criminal lawyer.
A New York criminal attorney from Goldberg & Allen, LLP can evaluate your charges and structure a comprehensive defense. Jay K. Goldberg and Gerald Allen have both reached the level of First Deputy Bureau Chief in Kings County. They have many years of experience as prosecutors, giving them a unique skillset when it comes to fighting criminal charges. To schedule a consultation, call 212-766-3366.
