At the age of 15 I had sex with a guy that was 17. Would that be considered rape?

Asked over 1 year ago - Jamaica, NY

I am now 16 and he is 18. My parents recently found out and would like to press charges. Also at the time I was okay with engaging in sexual intercourse.

Attorney answers (4)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Lawyers agree

    Answered . He could be charged with rape, but more likely would be charged with sexual misconduct because you are close in age.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Benjamin J Lieberman

    Contributor Level 20

    4

    Lawyers agree

    Answered . Keep in mind that because the age of consent in NY is 17 you couldn’t consent even if you wanted to so it doesn’t matter if you were ok with it. Because of your ages he couldn’t be charged with rape but he could be charged with sexual misconduct.

  3. William A. Jones Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . In my home state of Pennsylvania, the circumstances described provided it was consensual, would not be rape or any related sexual offense. You would need to speak with a qualified NY attorney with experience in criminal defense involving sexual conduct to get a reliable answer. Many criminal attorneys with provide limited free consultations by telephone or in person. I have the impression that you and the 18-year-old are still in a relationship. For your own benefit and that of the relationship you need to address the rift with the parents. I would, however, not discuss with them or anyone else the intimate nature of the relationship past or present.

  4. Jeffrey Jose Estrella

    Contributor Level 13

    2

    Lawyers agree

    Answered . Yes statutory rape because you were and still are under the age of consent in NY, which is 17 so it doesn't matter if you were OK with it. The statute of limitations has not run if it has only been a year so charges can be pursued. He needs a good lawyer to negotiate a good plea that will keep him out of jail and not jeoperdize his future.

    Hire a lawyer to protect your legal rights.
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