Top Geneseo, NY Statutory Rape Lawyers Near You
Adam Willman is a Former Assistant DA Assisting Rochester Area Clients with Their Criminal Cases. Call Today for the Help You Need!
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Lorenzo Napolitano Is A 2021 Super Lawyers Recipient Assisting All of WNY With Their Criminal Law Needs. Lead Counsel Rated!
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45 Exchange Blvd, Suite 400, Rochester, NY 14614
Representing people in Geneseo, New York with their Statutory Rape issues.
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160 Linden Oaks, Rochester, NY 14625
250 Mill Street, Suite 305, Rochester, NY 14614
30 W. Broad St., Suite 306, Rochester, NY 14614
2480 Browncroft Blvd, Rochester, NY 14625
1300 Clinton Square, Rochester, NY 14604
70 Linden Oaks, Suite 110, Rochester, NY 14625
16 West Main Street, Suite 736, Rochester, NY 14614
2480 Browncroft Blvd., Rochester, NY 14625
140A Metro Park, Suite 8, Rochester, NY 14623
957 Panorama Trail South, Suite 100, Rochester, NY 14625
100 Chestnut Street, 2000 Five Star Bank Plaza, Rochester, NY 14604-2404
31 East Main Street, 4th Floor (Philippone Suite-Mail), Rochester, NY 14614
1507 Monroe Avenue, Rochester, NY 14618
36 West Main Street, Suite 400, Rochester, NY 14614
31 Main Street, Geneseo, NY 14454
28 East Main Street, Suite 1800, Rochester, NY 14614
28 E Main St, Suite 1200, Rochester, NY 14614
30 W Broad St, Suite 100, Rochester, NY 14614
Wilder Building Suite 10, 1 East Main Street, Rochester, NY 14614
650 Clinton Square, Rochester, NY 14604
75 S Clinton Ave, Rochester, NY 14604
16 W Main Street, Suite 243, Rochester, NY 14614
16 West Main Street, Suite 100, Rochester, NY 14614
6 N Main St, Suite 200-F, Fairport, NY 14450
Geneseo Statutory Rape Information
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What Is Statutory Rape?
Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.
The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:
- Age of the victim
- Age difference between the parties involved
- Type of sexual activity
- Giving the victim alcohol or drugs
How Is Rape Different From Statutory Rape?
Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.
With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.
In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.
What Is the Age of Consent?
The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.
How Much Jail Time Can a Person Get for Statutory Rape?
In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.
In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.
Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:
- Name
- Photograph
- Physical description
- Address
- Sex crime
Is It a Defense if Someone Lied About Their Age?
In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:
- Victim had a fake I.D. and claimed an older age
- Victim was in a place where minors are not generally present, including a bar
- There were other witnesses who were told and thought the victim was older
However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.
Can You Sue for Statutory Rape?
For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.
The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.
Do You Need a Statutory Rape Lawyer?
There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.