In the state of New York
Lawsuit / Dispute Attorney
It depends on a lot of factors, including if they are a full 4 years apart. For example if the 20 year old was 20 years and 1 month, and the 16 year old was 16 years 10 months, there would defense to the rape charge, and most likely a less crime would be charged involving less jail time. I know of cases where individuals charged with statutory rape did no time, and others where significant jail time was involved. If you are 20 year old, seek legal counsel.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Assuming it was consensual, I would agree with Attorney Gold's analysis.
Criminal Defense Attorney
Every case is different.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
There is no way to accurately predict how much time your case would get as it depends on many factors including the skill and experience of your lawyer, the county prosecuting, the involvement of the 16 year old and her family etc.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.