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Can my son be charged with rape?

Fort Ann, NY |
Filed under: Juvenile law

My son is 16 and was dating a girl a year in a half ago she is now saying he raped her. Is this possible? She was 15 at the time.

Attorney Answers 3


Dear Parent:

Your son could possibly be charged with rape or some other sex offense depending on what the girl alleges took place. For example, if she alleges he forced her to have sex with him against her will. I highly recommend that you immediately contact a local criminal defense attorney -regardless of whether any charges have been filed to date- who will be better able to advise your son after hearing all the facts and circumstances of the case. In the meantime, your son should remain absolutely silent. He should not discuss the matter with anyone other than his attorney. He should not even discuss the facts and circumstances of the matter with you.

Best regards,

George P.Conway

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Yes it is possible. You should contact a criminal attorney right away.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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Yes, your son can be charged with rape. There are at least two theories from the minimal facts you provide that come to mind. 1. Assuming that legal age of consent in the state of New York is an age older than 15, if they had intercourse he could be charged with what is sometimes called statutory rape, or 2. If she is stating that he forced himself upon her and had intercourse with her against her will. Generally speaking assaultive offenses, especially rape offenses legally do not require any other evidence to be charged, or convicted, other than the testimony of the complaining witness, (victim), if that testimony convinces a jury beyond a reasonable doubt that the crime took place. You need to get ahead of this situation and invest some time and money in discussing this with an experienced attorney in order to get some advice before the police knock at the door and want to interview your son.

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