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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?

Niagara Falls, NY |
Filed under: Criminal defense

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. 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 substitution for a meeting whereas all potential legal issues can be discussed.


  2. 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 accept a retainer, and we explictly agree to enter into representation.


  3. 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.


  4. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. 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. 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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  7. 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.

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