Top East Islip, NY Statutory Rape Lawyers Near You
We Defend Individuals & Corporations Against Federal & State Prosecutions & Investigations for Securities, Tax, Wire, Bank, Health Care & Other Fraud, Embezzlement & Murder Cases.
Free Consultation
Representing Plaintiffs in Civil Rights and Serious Personal Injury Matters
123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the East Islip area handle cases involving Statutory Rape.
Se Habla Español
Free Consultation
16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Statutory Rape issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in East Islip, New York help you today.
Se Habla Español
Free Consultation
521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in East Islip, New York for experienced legal assistance in Statutory Rape.
Se Habla Español
Free Consultation
108-15 Crossbay Blvd, Queens, NY 11417
332 Willis Ave, Mineola, NY 11501
1185 Avenue of the Americas, Suite 3400, New York, NY 10036-4003
100 Garden City Plaza, Suite 500, Garden City, NY 11530
411 Theodore Fremd Ave, Ste 206, Rye, NY 10580
75 S Broadway, Suite 403, White Plains, NY 10601
527 Old Country Road, Plainview, NY 11803
888 Grand Concourse, #1-O, Bronx, NY 10451
260 Madison Ave., 22nd Floor, New York, NY 10016
38 Melnick Dr, Monsey, NY 10952
2 Sarles Street, Mount Kisco, NY 10549
810 7th Ave, Suite 405, New York, NY 10019
155-03 Jamaica Avenue, Jamaica, NY 11432
953 Franklin Avenue, Suite 100, Garden City, NY 11530
100 Motor Parkway, Suite 560, Hauppauge, NY 11788
1441 Broadway, 3rd FL, New York, NY 10018
200 Garden City Plaza, Suite 520, Garden City, NY 11530
11 Broadway, Suite 615, New York, NY 10004
7 Times Sq, 44th Floor, New York, NY 10036
400 Town Line Road, Suite 100, Hauppauge, NY 11788
50 Karl Ave, Suite 302, Smithtown, NY 11787
100 Broadhollow Rd, Ste 100, Farmingdale, NY 11735
East Islip Statutory Rape Information
Lead Counsel independently verifies Statutory Rape attorneys in East Islip and checks their standing with New York bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Statutory Rape?
Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.
The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:
- Age of the victim
- Age difference between the parties involved
- Type of sexual activity
- Giving the victim alcohol or drugs
How Is Rape Different From Statutory Rape?
Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.
With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.
In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.
What Is the Age of Consent?
The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.
How Much Jail Time Can a Person Get for Statutory Rape?
In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.
In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.
Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:
- Name
- Photograph
- Physical description
- Address
- Sex crime
Is It a Defense if Someone Lied About Their Age?
In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:
- Victim had a fake I.D. and claimed an older age
- Victim was in a place where minors are not generally present, including a bar
- There were other witnesses who were told and thought the victim was older
However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.
Can You Sue for Statutory Rape?
For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.
The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.
Do You Need a Statutory Rape Lawyer?
There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.