Legal Question in Criminal Law in New York

stautory rape
If a 25 year old man has sexual intercoure with a 15 year old girl, who consents to having sex with him, is that considered statutory rape? If the 25 year old man man makes the 15 year old girl pregnant under the same circumstances is their a law cocnerning this? Would the law in 1951 be diffrent from the current law?

Asked on 2/02/05, 2:55 pm

3 Answers from Attorneys

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Re: stautory rape

YES. It is RAPE. A 15 year old child is not legally capable of consenting to sexual intercourse. As for the historical comparisons, you will have to look at a 1951 compilation of the criminal laws.

Answered on 2/02/05, 3:39 pm

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Andrew Nitzberg Andrew Nitzberg & Associates

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Re: stautory rape

It is a classic law school question on 'consent'.

It is the law that a 15 year old does not have the legal capacity to consent to a sexual act with an 'adult'. That means that we do not take into account what she says or does. All that counts is: is she under 18 and are you over 18. If so, then you are guilty of rape.

The 1951 law will be very similar. The criminal law was reorganized, but that relates largely to organizing the crimes, categories of felony/misdemeanor/violation, and adding many new crimes. This crime, statutory rape, is illegal now as it was in 1951.

Answered on 2/02/05, 4:49 pm

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