Legal Question in Sexual Harassment in New York
Staaurary rape?
My girlfriend and I have slept together. She's 14 (turning 15 in a month) and I'm 16 (17 in 6 months). I know that this is illegal if her mother opts to press charges, but how far can this go (as far as sentencing, records, and restraining orders, order of protections etc...)? What are her mothers, as well as my own options in this matter?
1 Answer from Attorneys
Re: Staaurary rape?
Yes. Rape. Also, by the way, this is under the wrong category which is criminal law.
If you want to know whether this is serious, it is. Look up section 130.35 of the NY penal code.
Granted, while it may be a defense that the two of you are within four years of age, it is not a complete defense if you are charged under the correct statute. As soon as you hit 18, you are treated as an adult. But if you look at the other sections of 130 NY penal code, you will see that as the age of the unconsenting female goes down, the penalty goes up.
Under 15? With you 17? Big trouble.
Even if it were plead down, you could spend a year in jail for a simple misdemeanor. STOP.
Because your girl friend is under age she is incapable of legally consenting.
That is why its still called RAPE. Its a felony.
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