Legal Question in Criminal Law in New York

sexual abuse

Is it true in New York State that if a mentally retarded boy of 15 is molested by a girl of 19 cannot be charged for sexual abuse because she was only 4 years older then her victim,even though she very well knew he had the mind of an 8 year old?


Asked on 2/05/07, 12:19 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: sexual abuse

No, this is not true. There is generally an age gap requirement that the DA's office will look at, and they will sometimes not prsecute if the afge difference is within 5 years, under certain cisrcumstances, however generally this is Only a factor that they look at and not a rule set in stone.

Please contact our office for further assistance if necessary. you can visit our website at www.cgonzalezlawfirm.cm email us at the email address provided below or call us directly at 2127098303

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Answered on 2/05/07, 2:37 pm
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: sexual abuse

No. It appears you may not even have an age issue no matter what the difference in age is here. You may have a crime here no matter what the age difference, depending on what is being considered molestation. Call the authorities and if they won't assist you, call an attorney.

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Answered on 2/05/07, 6:52 pm


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