Legal Question in Criminal Law in New York

help

i know someone who was dealing with a younger girl. They had sex a few times but it was concentual. now the girl has a baby and the guy is questioning the paternity. Now the girls mother is screaming statutory rape. Is there anything that can be done on his behalf.


Asked on 3/02/07, 8:47 pm

3 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: help

The only issues here are the age of the girl, the age of consent for sex in the State of New York is seventeen (17).

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Answered on 3/07/07, 5:06 pm
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: help

Sorry but statutory rape is a "strict liability" crime. There is no such thing as consent if the ages are covered under the statute. The statute says that if the "child" is under age . . . there exists no capability to consent.

BUT please realize that, depending on the circumstances, these cases are defendable (not always so easy to prove) and/or usually there is room for negotiation. Have him speak to a lawyer BEFORE any charges are filed or as soon as possible if charges are already pending.

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Answered on 3/02/07, 9:51 pm
Joel Salinger Law Office of Joel R. Salinger

Re: help

Your friend needs an attorney immediately so that he can be prepared for what ever comes. He is facing very serious aquisations and will need to be pro active if he is to get a fair airing of the facts and circumstances of the case.

You can contact me directly at [email protected] if you have any further questions.

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Answered on 3/02/07, 10:47 pm


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