The definitions and legal punishments for statutory rape in New York can be confusing to grasp. Unlike some other states, New York does not treat statutory rape any more leniently than forcible rape. For this reason, individuals who are accused of having sex with a minor are often surprised to learn how severe the charges against them are.
These are felony-level offenses with serious consequences, including the potential for lengthy probation, incarceration, and sex offender registration. Understanding your rights and the law is the first step to knowing how to defend yourself against rape allegations.
Working with an Islip statutory rape lawyer could be a step in the right direction. Mike Schillinger is a skilled sex crimes attorney who helps clients understand the law in Islip and Suffolk County. He can work with you to help develop a powerful defense strategy to protect your rights.
Rape vs. Statutory Rape
”Statutory Rape” is the term for a classification of sex offense where an individual is charged with engaging in various sexual acts with a minor. The charges can vary depending upon the age of the individuals involved, as well as whether there was any forcible compulsion used in the course of the conduct.
It is important to know that in New York State, minors do not have the ability to consent to sexual conduct. For this reason, people who are participating in what appears to be a consensual sexual encounter may be accused of rape. Contact Islip statutory rape attorney Mike Schillinger today for more information.
What are the Classes of Rape?
The least severe version of rape in New York Penal Code is rape in the third degree. According to New York Penal Code § 130.25, this occurs anytime that a person over the age of 21 has sex with someone under the age of 17. It does not matter if the minor believes they have consented to the act. A conviction for this crime is a class E felony.
The younger the alleged victim’s age, the more severe the charges. Rape in the second degree under N.Y Penal Code § 130.30 applies when a person over the age of 18 has sex with someone who is less than 15 years old. Convictions under this statute are class D felonies and will require an individual to register as a sex offender.
The most serious charge is rape in the first degree. This happens when a person of any age has sex with a child under the age of 11. This statute also applies if an individual over 18 has sex with someone under the age of 13. These accusations are class B felonies under N.Y Penal Code § 130.35 and will require a person to register as a sex offender.
As a skilled criminal defense lawyer, Mike Schillinger works on cases of statutory rape in Islip and could provide legal guidance to a client facing these accusations.
Get in Touch With a Knowledgeable Statutory Rape Attorney in Islip
Allegations of statutory rape are treated like any other rape accusation in Islip. The law makes no distinctions between sex with people who cannot consent for any reason, whether by age, force, or threat. Because of this, the potential penalties for a conviction can be extreme.
An Islip statutory rape lawyer could help to prevent life-changing penalties from occurring. Attorney Michael Schillinger understands New York’s statutory rape laws and could assist clients in understanding how they may apply to their situation. He could examine the prosecution’s case to determine weaknesses and develop a solid defense strategy.
Contact Mike Schillinger, an experienced criminal defense attorney, today to schedule an initial consultation to discuss your case.
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