Legal Question in Criminal Law in New York

Re: consenual sex between minors

You should understand that even though the sex was consensual it still may be considered rape given the age of the girl. You son should give no statements to the police. The best course of action would be to retain a criminal defense attorney to represent your son if he ends up being arrested or even if the police or other investigators attempt to speak to him. He can not be compelled to give a statement. If the police attempt to speak to him then he should refuse to do so and ask for an attorney. If there is DNA evidence recovered they will probably try to compel your son to submit to testing. You should have an attorney fight this as it will prove to be crucial evidence for the prosecution against your son. Please feel free to contact my office if we can by of assistance in this matter.

Re: consenual sex between minors

The age for sexual majority, and consent, in this State is 17 so your son falls within that... and the girl obviously falls below this range. Asa result there may be charges of statutory rape, however in most instances if there is under a five year age gap between the kids the DA's office may not prosecute, this however IS NOT A GENERAL RULE... i would hire an attorney immeditely to get to work on this case and make sure no charges are filed.

For further information you may visit our website at cgonzalezlawfirm.com or you may call us diretly at 2127098303

Re: consenual sex between minors

If the dna indicates the sex took place,your son will likely be charged with statutory rape. For more advice you may contact my office @7188340087.

Re: consenual sex between minors

He has the right to an attorney and the right to remain silent... and I suggest he use both. He is facing a charge of Rape in the Third Degree. You should consult with a good criminal defense attorney. I am a former federal and state prosecutor and now do criminal defense work. Feel free to contact me.