Legal Question in Criminal Law in New York

Age of consent

Can a parent press charges on a 19 year old male having sex with a 17 year old female that has leanring disabilities?


Asked on 10/21/08, 11:26 pm

1 Answer from Attorneys

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

Re: Age of consent

"Pressing charges" is a TV term. You can go the police and make a complaint if you are a victim, or if you are a victim's guardian, and the police and DA will determine whether the charges will lie, not you. One of the misconceptions of criminal law is that victim's bring charges. They don't. They are just witnesses.

Anyway, sex between a 19 YO and a 17 YO is legal in NY state, but you cannot have sex with someone who does not consent (e.g. rape) or cannot give consent (e.g. drunk date). So, your question will turn on whether the female was capable of giving consent. A learning disability (dyslexia, ADD, etc.) is probably not enough to vitiate consent. If she is developmentally disabled, mentally a child, then that's different. Bring the case to the cops or DA and they will assess the situation further.

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Answered on 10/21/08, 11:43 pm


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