If a 18 year old girl and a 16 year old boy have sex, is that criminal offense by the girl?

Asked almost 5 years ago - Rocky Point, NY

The boy is from new york, the girl fron Virginia and the contact took place in New York.

Attorney answers (3)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . I do not know what the age of consent is in Va. In NYS it is 17, and the girl can be charged with sexual assault. Someone has to file the complaint and then the prosecutor has discretion on whether or not to prosecute.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..


    FYI my partner does criminal defense work in Suffolk County. You can access his contact information on our website www.sarnoanddefelice.com

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . Yes. A young person does not have the necessary ability to say "yes" in NY until they are 17 - regardless of gender.

    If you have been or are about to be arrested, you should see a competent criminal defense attorney as soon as possible. However, if its only a concern right now, most of the time, the authorities don't bother with this type of situation.

    Good luck.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . The age of consent in Virginia is 18. At 17, a person in New York may legally consent to sex. So the girl in this situation may be in some legal difficulty and may be charged with sexual assault. The prosecutor has discretion on whether or not to prosecute. Tell the girl not to risk it if indeed this is a situation that is hypothetical.

    Click the Lawyer Search tab on Avvo and look for an attorney in your area.

    Finally, you might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    or

    You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

    http://www.avvo.com/legal-guides/ugc/ethics-yes...

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,723 answers this week

2,971 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,723 answers this week

2,971 attorneys answering