Legal Question in Criminal Law in New York

She lied about her age, does he have any rights?

My cousin is a 30 year old recovering addict. A week out of the halfway house,a girl he had been seeing for 3 months asked if she could spend the weekend with him in his new place. He agreed. That night the police and her parents showed up, arresting him and taking her home. He is now in jail for the next several months because she turned out to be 14!

They never went to bars, they never drove anywhere because of the halfway house rules, and she didn't smoke, so asking for her id never entered his mind. The people in the halfway house said there was really no reason to ask, she looked 19 or 20.

While I believe that my cousin is not the sharpest tool in the shed and I believe that he should be punished, I am having a hard time understanding why he is being held fully responsible for her lying. Also, why does she not get punished in any way by the courts. And what about her parents, should they be held responsible for her actions since she is a minor? Is there anything that my cousin can do that will make sure that these people are held responsible for her actions as he is for his own actions?


Asked on 11/09/01, 5:58 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: She lied about her age, does he have any rights?

First, he has many rights, the most fundamental one being the right to counsel. His attorney should be working on getting him out of jail either on recognizance or bail.

Unfortunately, at least in NY, it doesn't matter if the girl lied or not - it is what we call a "strict liability" crime. Now, that is not to say that there is not a possibility of a defense to whatever charges there are [you did not say what they were], but only his lawyer can answer that.

As to holding the "girl" responsible, even if she blatantly lied, practically speaking unless someone wants to refer the matter to Family Court, there's not too much of a probability that anyone will do anything. She will be treated as a "sex crime victim" and it will go from there.

Good luck to you.

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Answered on 11/09/01, 6:18 pm


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