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Is Dating (Without Sex) A Minor Under 16 And Being Under The Age Of 21 Is It Still Statutory Rape?

Mastic, NY |

My Boyfriend Is 16 And Im 20. Hes Currently In Jail And Im Trying To See Him But Everyone Is Telling Me I Can Be Charged With Statutory Rape. My Boyfriends Mom Would Never Press Charges On Me And Shes Even Taking Me There. We Have No Sexual Relations Because I Am Scared Of The Situation Can I Be Charged With It?

Attorney Answers 5

  1. You cannot be charged w/rape without sex and you would not be charged, he would be.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  2. You can be if you are or have been involved sexually with him. You should speak to an attorney privately since public statements posted on this site can be used against you.

  3. I agree with the answers of my colleagues, but would add that sex is not just defined as intercourse. Dating without any type of sexual activity is not a crime.

    This content is informational only and does not establish an attorney-client relationship.

  4. You can not be charged with Rape for visiting someone in jail. Unless there is some evidence that you are sexually active there can be no rape charge. It sounds based on the ages you post, that it would be misdemeanor charges and not felony rape charges anyway because of the ages.

    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. For a privileged private consultation, contact me at 212-385-8600 or via my website

  5. What do you call dating? The age of consent in NY is 17. As such any sexually related activity can get you in trouble. Visiting him in jail is not illegal.

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