Statutory rape cases often involve situations where teenagers or young adults engage in sexual activity, believing it to be consensual. However, New York State’s statutory rape laws are complex, as they recognize that individuals below a certain age cannot legally consent to sexual activity, regardless of their personal beliefs or actions. Even if a teenager expresses a desire to engage in sex, the law still criminalizes the activity.
Additionally, the New York Penal Code does not distinguish between statutory rape and common rape when it comes to sentencing. Those convicted of statutory rape face the same severe penalties as other sex offenders, including the potential of mandatory prison time, lenghty periods of probation, and mandated sex offender registration.
If you are facing a statutory rape charge in New York, including Queens, attorney Mike Schillinger can help guide you through the difficult, and often overwhelming legal process. With a thorough understanding of the law, Mike will work with you to craft a strong defense strategy and provide you with the support you need throughout the trial. Reach out today to begin working with an Astoria statutory rape lawyer.
Statutory rape generally refers to a situation in which an adult engages in sexual activity with a minor who is below the legal age of consent. Often, this occurs when a young adult who has recently come of age engages in intercourse with a teenager who is still under the age of consent.
While the concept of statutory rape is widely understood, New York State does not have a specific statute named “statutory rape.” Instead, cases involving sexual activity with minors are prosecuted under the state’s core rape statutes.
The severity of the charge depends on the age difference between the individuals involved. The least severe charge is rape in the third degree, as defined by New York Penal Code §130.25. This is a class E felony, and can apply to a number of different situations, including when an individual over the age of 21 engages in sexual activity with someone under the age of 17. In these cases, the minor cannot legally consent due to their age, not due to a lack of willingness. This statute also applies when an individual engages in certain types of sexual contact with another person who is incapable of consent for a reason other than being underage – this can happen when someone suffers from a mental defect or other impairment to their ability to consent.
A more serious charge is rape in the second degree, classified as a class D violent felony under New York Penal Code §130.30. This charge applies when someone over the age of 18 has sex with someone under 15 years old.
The most severe charge is rape in the first degree, as outlined in New York Penal Code §130.35. This is a class B violent felony and applies when a person over the age of 18 has sex with someone under the age of 13, or when any individual engages in sexual intercourse with a person under the age of 11, regardless of the defendant’s age.
Astoria lawyer Mike Schillinger can help someone facing statutory rape allegations understand their charges and what options they have for fighting them.
In New York, several potential defenses can be raised in response to statutory rape charges, although they may not always completely eliminate the charges. One common defense is to argue that the age difference between the defendant and the alleged victim was less than four years at the time of the sexual activity. Under certain circumstances, this defense may lead to a reduction in the charge from rape in the second degree to the less serious rape in the third degree. However, this does not entirely erase the charges and still carries significant legal consequences.
Another possible defense is mistaken age, where the defendant claims they reasonably believed the alleged victim was above the age of consent. While this defense is often challenging to prove, if the defendant genuinely believed the minor was of legal age, it may be considered in some cases, though it does not automatically negate the charge.
Additionally, in some cases, consent may be argued, though it is important to note that under New York law, a minor cannot legally consent to sexual activity regardless of their willingness. However, the defense could be used in situations involving older minors or specific legal nuances.
If you are facing statutory rape charges in Queens or elsewhere in New York, an experienced attorney like Mike Schillinger can evaluate the specifics of your case and explore these defenses to potentially reduce or dismiss the charges.
Sexual relationships involving young people can be legally complex. While some may believe their relationship is consensual, New York law recognizes that minors cannot legally consent to sex due to their age.
Statutory rape charges, based on age differences, are treated as seriously as violent rape, with penalties that include prison time and sex offender registration. If you’re facing such charges, it’s critical to act quickly. Hiring Astoria statutory rape lawyer Mike Schillinger can provide the legal defense you need. Contact us today to start building your case.
Law office of Michael A. Schillinger, ESQ.
N/a
Copyright ©2025 Law office of Michael A. Schillinger, ESQ., LLC. All rights reserved.
