Is it rape if a 30 year old male has sex with a 16 year old female who already has a baby with another guy that is 19 in NY?

Asked over 1 year ago - Niagara Falls, NY

Female 16 with 2 year old having sex with 30 years male. Can I have him arrested for rape in NY?

Attorney answers (8)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    10

    Lawyers agree

    Answered . Yes!


    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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Barry Franklin Poulson

    Contributor Level 20

    11

    Lawyers agree

    Answered . The only things that matters are the ages. Age of consent in NY is 17. And, 30 is too old for "close in age."

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes if the 30 had sexual relations with a 16 year old in NYS it is rape. The 16 year old having a baby from a prior relationship is irrelevant, that is not a defense.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Benjamin J Lieberman

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes!

  5. Malcolm Pierce LaVergne

    Contributor Level 4

    9

    Lawyers agree

    Answered . The requirement for statutory rape has been met in New York, where the age of consent is 17. Having him arrested, however, is within the sole discretion of the local prosecutor, who may decline to press charges.

  6. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . Yes, its rape. NY doesn't recognize the, she wasn't a virgin in the first place defense.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  7. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . The child makes absolutely no difference. She is under the age and he is 30. He is almost twice her age. This is a serious issue.

  8. Arkady Bukh

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . I would also add a 'yes' answer to your question. It is only the age of the parties that matters, not whatever their prior sexual history is.

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

Get free answers from experienced attorneys.

 

Ask now

31,897 answers this week

3,306 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

31,897 answers this week

3,306 attorneys answering