Legal Question in Criminal Law in New York

sex batween 16 yr old female and 31 yr old male

my 16 yr old daughter is in love with a 31 yr old male. can you please tell me what laws apply here


Asked on 11/12/08, 5:08 pm

3 Answers from Attorneys

Robert Reuland Law Offices of Robert C. Reuland, P.C.

Re: sex batween 16 yr old female and 31 yr old male

She's too young. This is "statutory rape." Because she's younger than 17 and he's older than 21, she is deemed incapable of consenting to sex and he would be charged with Rape 3, a felony. Penal Law 130.25.

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Answered on 11/12/08, 5:19 pm
Warren Markowitz Warren R. Markowitz, Esq

Re: sex batween 16 yr old female and 31 yr old male

Call the police.

The common term is statutory rape, as she is under the legal age in which she can consent to sexual intercourse.

NY has set the age of consent for sex at 17, under that age, she can not consent to having sex.

The male can be convicted of rape under NYS Penal Code because of his relations with your daughter. The affirmative defense of consent does not apply and he will not be able to claim that he didn't know how old she was or that she lied. It is what it is.

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Answered on 11/12/08, 5:38 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: sex batween 16 yr old female and 31 yr old male

the age of consent in the state of new york is 17, any adult having sex with any person below the age of consent is subjet to prosecution under strict liability for statutory rape... as a result of the fact that children this age are not seen as being capable of giving consent.

you may contact the police and file a report.. he would then be arrested, then face a judge and in cases such as these there is no real defense so long as it can be shown there was any sex at all, whether consensual or not... furthermore there would be an order of protection issued against him nd he would be ordered by the court to stay away from the child, if he does not he will be subject to rearrest...

much luck

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Answered on 11/14/08, 7:53 am


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