I am a 16 year old girl i had sex with a 18 year old .. my mom call the cops saying that i have been rape by him .

Asked over 1 year ago - Flushing, NY

the police told her that they could not arrest him because of the age difference . my mom was okay with that up until she went to family court to ask if i could be emancipated because i am pregnant. they told her no because i was a minor and the my boyfriend can get arrested for rape .. can that really happen after the police said he could not because of the age difference. oh and one more thing what can i do as a minor to get out of my house legally and get my own place and be treated as if i was emancipated. thanks for reading and any answer would be helpful .

Attorney answers (3)

  1. Terri Beth Kalker

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    Answered . Did you try to legally emancipate through Family Court? Either way I believe your boyfriend would not face Criminal Prosecution.

  2. Marco Caviglia

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    Answered . Since your boyfriend was not 21, he cannot be arrested for Rape 3rd degree based upon the age differential. He can be arrested for sexual misconduct, an A misdemenaor, because you are incapable of consent by law. Your mother can effectuate emancipation by consulting a family law attorney, though you will wind up on social services at best.

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  3. Harry Edward Hudson Jr

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    Answered . I think the cops are correct. I believe the age of consent in NY is 16. You might want to look to be certain.
    As to the other issue, suggest you contact a counselor at school.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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