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?
2 Answers from Attorneys
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.
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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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