Can my girlfriends mom still charge me for rape after she turns 17. NY

Asked over 1 year ago - Oneida, NY

We had sex when she was 16 and I was 18. Her mom found out and they went to the cops and my girlfriend told the cops we had sex and it was Consensual sex and Her mom didn't press charges on me but the cops know. If she turns seventeen and decides to be with me, can her mom still press charges on me after she 17 and of legal age. This is in NY

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sex with someone less than 17 is a crime in NY so you could be charged.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Tatiana Neroni

    Contributor Level 6

    1

    Lawyer agrees

    Answered . First, your girlfriend's mother cannot charge you with anything. Only the local prosecutor can, on your girlfriend's complaint (unless her mother was a witness of sex between you and your girlfriend when she was under 17, and then the mother herself will be likely facing charges for endangering welfare of a minor for not preventing or stopping it, and chargeable for child neglect by Social Services).

    In this case, there is a statement of your girlfriend to the police, a non-hearsay allegation which is enough to bring charges against you.

    That said, the statute of limitations in New York for misdemeanors is 2 years, for felonies is 5 years. If your girlfriend chooses to bring charges against you, even if at this time she is over 17, criminal prosecution can still be had for alleged crimes that occurred within the statute of limitations when she was under 17.

    Whether you will be living together with your girlfriend after she turns 17 or not is irrelevant to whether the police/prosecution will or will not bring charges against you, as the charges are brought on behalf of the People of the State of New york, and technically, the decision to prosecute or not to prosecute you is out of your hands once your girlfriend made a statement against you to the police. There is no consensual sex with a girl under 17, so her statement that the sex was consensual will make no difference to the outcome of the criminal case.

    You need to stop talking to your girlfriend who may continue to gather information against you, possibly even wear a wire put on her by the police, to obtain from you incriminating statements, and start talking to a criminal defense attorney.

  3. Marco Caviglia

    Contributor Level 20

    Answered . To be guilty of Rape (in the 3rd degree), you would have to have been 21 or older when you had sex with her. So there was no crime. Mom had nothing to do with not pressing charges.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. John J. Carney

    Pro

    Contributor Level 14

    Answered . No matter how old you are it is statutory rape to have intercourse with a girl under 17 years old. You should know this and your girlfriend should know enough to remain silent and not admit it to the police so that you go to prison and become a registered sex offender for the rest of your life. If you are going to be a rapist In suggest you not announce it on a public forum and I also suggest that you tell your willing victim not to mention it to her parents, the police, her friends and the rest of the world. Her consent is irrelevant as he is not legally capable of giving consent. Retain a lawyer or get a public defender if you are indigent and hope the poilce do not arrest you.

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