If a 16 year old girl was to have sex with her 19 year old boyfriend, would that be considered statutory rape?

Asked over 2 years ago - Gansevoort, NY

The 16 year old girl and 19 year old boyfriend have been dating for over a year, but don't know whether to have sex because they don't know if it would be considered legal or not.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . The legal age for consent in NY is 17 so the 19 year old would violate the law if they had sex.

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

    Pro

    Contributor Level 13

    Answered . My advice to you - as a mother - would be to wait until you are older. Otherwise, there's nothing to look forward to!

    Under the law, a person (in your case - your boyfriend) could be charged with Rape in the Third Degree (which is "statutory rape") if he engages in sexual intercourse with someone incapable of consent for reasons other than being under the age of seventeen; or if he is 21 or older and the other person is less than 17; or if he has sexual intercourse with another person without consent where the lack of consent is by reason of a factor other than the incapacity to consent.

    So technically, he could not be charged with a crime if the sex is consensual. But, my best advice is to wait until you are at least 17.

    I have been practicing criminal law for over 20 years and am happy to help you understand the law, but my comments... more
  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    Answered . It's not statutory rape because the age difference is less than 4 years, but the 19 year old could still be charged with a crime. It's not terribly likely but it is possible.

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