QUESTION
Can my boyfriend get into trouble for statutory rape?
Asked on Sep 13th, 2012 on Criminal Law - New Jersey
More details to this question:
My boyfriend and I have been together almost 2 years. When our relationship started I was 14 and he was 17. Now he's 19 and I'm 16, so he's three years older than me. My father keeps saying he's going to press charges on him if I act up. We live in New York. Will he get into trouble if my father does decide to press charges? He also has a criminal back ground so will this make things worse?
18 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes.
Answered on May 22nd, 2013 at 3:13 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes.
Answered on May 22nd, 2013 at 3:12 AM
Steven D. Dunnings
Yes.
Answered on May 22nd, 2013 at 3:10 AM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:05 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes he can. Statutory rape is having sex with a woman under 16. If you had sex while you were under 16 and he was over he could be charged. It is a very hard charge to beat since there is no such thing as consent by a person under 16. The whole issue is that when you are under 16, you do not possess the emotional maturity to consent to sex. It may be an archaic paw and past its time, but unfortunately it is still the law.
Answered on Sep 20th, 2012 at 9:48 AM
Private individuals cannot "press" charges. Only the District Attorney is empowered to charge someone with a crime. Your father could ask the D.A. to file charges. But, the decision is up to the D.A., not your father. Since you live in New York, New York law will apply. The laws of each state are different. Since I am not licensed in New York, I cannot advise you about what might or might not happen under New York law. You should consult an attorney in your local community.
Answered on Sep 19th, 2012 at 8:52 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Re the sex (statutory rape) when it began, what is the Statute of Limitations? Are you still a minor under the protection of the law? The effect of the criminal background depends on what it is. If the sex is still illegal why can't he (and you) wait until it becomes legal? That would help his case if he gets. Is your father blackmailing you somehow? Is he somehow liable for not reporting a "crime"? Your boyfriend might ponder all the legal ramifications and take charge of the situation.
Answered on Sep 19th, 2012 at 8:39 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes he is taking a big risk.
Answered on Sep 19th, 2012 at 8:29 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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This is a question for an attorney in New York. Here in California it is unlikely he would be prosecuted although technically you can not have sex until your 18 (at least in California.)
Answered on Sep 18th, 2012 at 11:50 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes. Definitely to both questions.
Answered on Sep 18th, 2012 at 11:39 PM
Oh yes. He's good for it. All your dad has to do is write a letter to the DA's office in NY and he's toast for life.
Answered on Sep 18th, 2012 at 11:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You are a very foolish girl. You are dating someone with a criminal back ground. This is only putting you in potential harm, especially considering his criminal history. Think whether this is the type of person you want to have in your life, especially if you end up pregnant. Is he capable of supporting you (legally). As for whether your boyfriend can get into trouble for statutory rape..... absolutely, you are a minor. It makes no matter that you may consent to the sexual relations. That is not a defense. As for pressing the charges, your father could file a complaint, but ultimately it is up top the prosecutor or DA as to whether charges will actually be filed. You and your boyfriend are "playing with fire" on many levels.
Answered on Sep 18th, 2012 at 10:16 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes and yes. Be very careful.
Answered on Sep 18th, 2012 at 10:10 PM
Yes. Statutory Rape is a strict liability crime. All the State has to prove is that he had sexual relations with an underaged. The state law that governs will be where the "alleged" crime occurred. New York state may have a different definition of Statutory Rape then Utah. Do not make any admissions about your conduct to anyone. The State still has to prove beyond a reasonable doubt that the act took place.
Answered on Sep 14th, 2012 at 4:13 PM
Michael J. Breczinski
Yes he could get into trouble and yes with a criminal background it could go worse for him. He should not be doing anything with you. The fact he was doing this with you at such a young age does not show a good character.
Answered on Sep 14th, 2012 at 4:12 PM
You should probably pose this question to New York attorneys, not Washington attorneys, but here in Washington sexual contact between you and your bf constitutes rape of a child.
Answered on Sep 14th, 2012 at 3:14 PM
Gary Moore
Your boyfriend is probably safe from prosecution because the difference in your ages is less than four years.
Answered on Sep 14th, 2012 at 3:13 PM