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Statutory Rape

Albany Sex Crimes Attorney Protecting Clients in Statutory Rape Cases 

In Albany and the state of New York it is illegal for an adult to have sexual intercourse with someone under the age of 17 regardless of whether the sex was consensual.  When an adult participates in sexual intercourse with an individual who is under the age of 17, the adult has violated statutory rape laws. The rationale behind the law is that individuals who are under the age of 17 are legally incapable of consenting to sex.  A person can also be found guilty of statutory rape by engaging in sexual intercourse with a person who lacks the capacity to consent due to a mental disability or other disability defined by the law. 

Statutory rape is a strict liability crime – the prosecution does not have to prove that you intentionally broke the law.  When you are charged with statutory rape you cannot assert the defense that you did not know the individual you slept with was under the age of consent.  This means that even if someone lies to you and tells you they are 18 when they are really only 14, this is no defense to the crime - you can still be found guilty of violating New York’s statutory rape law. 

Statutory Rape Laws

The degree of the offense and associated penalties for statutory rape will vary depending upon the age of the defendant and the age of the victim. For instance, in Albany, statutory rape is broken down into the following degree categories:

  • Statutory Rape in the Third-Degree - When someone age 21 or older has sexual intercourse with someone under age 17
  • Statutory Rape in the Second-Degree - When someone age 18 or older engages in sexual intercourse with someone under age 15 (there is an affirmative defense when the defendant is less than four years older than the victim)
  • Statutory Rape in the First-Degree - Sexual intercourse by a person of any age with someone younger than age 11, or by someone age 18 or older with someone younger than age 13

If you have been charged with statutory rape, your legal situation is grave and urgent. Your need for having an experienced criminal defense lawyer will never be greater than when you stand accused of a sex crime involving an underage person. Statutory rape is a very serious matter and a conviction can compromise your future and your freedom.  With so much at risk, you need to make certain that you are represented by a strong team of Albany sex crimes lawyers who will aggressively assert all available defenses on your behalf. 

Accused of Statutory Rape? The Law Office of James E. Tyner, PLLC Will Build a Powerful Defense

Take action to defend yourself before it’s too late. Contact an Albany sex crimes attorney at The Law Office of James E. Tyner, PLLC who know how to build a powerful defense in sex crime cases.  To schedule a free consultation to discuss a statutory rape charge or any other sexual offense, call our law office at 866-642-3807 or email him directly.

Hear What Our Clients Have To Say

I hired Mr. Tyner last summer. Very receptive, communicated well, did everything that needed to be done, and wound up never having any charges filed after he helped out. Worth the money for peace of mind.