Legal Question in Criminal Law in New York
female offender, rape in 3rd degree
My sister had an affair with a 16 year old (she is 31). She has been sentenced for 1-3 years. She has no priors. All the research I've been doing shows that anyone 17 years and younger will put her in this rapist category (even though it wasn't forced). She has been forced to go to counseling in prison. A counselor there stated that many people are unaware that these age guidelines are different for males and females. She said that the cut off age for females to be considered rape is 17 or younger, whereas males are age 15 and younger. I cannot find this ANYWHERE. Is she correct? If so, this could truly help my sister. She was convicted in New York. Thank you for any help you can through my way. She's not a bad person, just made a terrible choice. This is the first thing she's ever done wrong in her life, and she only did this with this young man. They thought they were in love.
1 Answer from Attorneys
Re: female offender, rape in 3rd degree
Your information is incorrect.
Under P.L. 130.25(2), the defendant is 21 or older and her victim is 17 or younger.
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