My friend is accused of being a rapist of 3 girls but he only touched 1 and he never went inside her it was consentual and both were minors at the time the date it happend was when she was 10 witch was 3 years ago but brought to light 3 months ago there's no evidence except his confession witch his family forced him to say he has court on Tuesday and is looking at 25 years he can get off in probation but his lawyer isn't any help and is telling him not to go to that option he just turned 18 and this is his first offense he never raped her they both touched each other and it was only one girl but he's bein held on the acount of 3 girls and there also saying he abused them when there are no markings what so ever he always hung out with the girl he touched and she was never afraid of him it was consentual but her father his uncle thinks otherwise and his whole family wants him behind bars so there doing everything to keep him in there he's in the holding center right now but on the 21 on Tuesday he has court and they may hold him in jail for 25 years on something he didn't do entirely he needs legal help I will pay anything I need legal advice on what to give to him please
There is no such thing as consensual sex with someone younger than 17. Your friend would be lucky to get off with probation.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It wasn't consensual if she was a minor. Rape is serious. Sounds like there's a bit of an age gap. You friend will be very lucky if he's convicted and doesn't get incarcerated.
No one under 17 can consent to any sexual contact in NY. There is no advice any attorney can give him without knowing more facts and what the evidence is against him. He likely already has an attorney. You can contact that attorney and ask if there is anything you can do to help your friend. They may not be able to speak to you about the case in more detail without your friends consent
I am a former Brooklyn Criminal Court Deputy Bureau Chief with 20 years experience specializing in handling criminal cases. 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. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
If he is not guilty, you should go to trial. If his lawyer is afraid of going to trial, perhaps you should get a new one. If he admitted to having sex with someone under age, he is guilty of at least that one crime, but that crime appears to be a masturbator
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Dear Buffalo Friend:
I doubt your friend's attorney would choose to discuss any aspect of the charges against your friend. You are likely a prosecution witness, having disclosed on the Internet your friend's confession of basic elements of the crimes. Your friend's attorney may shut down the pipeline of information from your friend to you and then from you to the public.
You may need your own attorney to slow you down from confessing all the information your friend passed on to you or that you had developed on your own.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
If I understand your friend's facts correctly, your friend has been charged with rape for acts committed when he was 15 years old at the time he simply consensually touched a minor female sexually (i.e. WITHOUT forcible compulsion and without any of them being rendered helpless). Apparently, though, the prosecution is accusing him of raping three girls, while your friend contends that he had consensual sexual contact with only one girl, who was 10 years old at the time of such contact.
Although you did not state this, based upon my review of the three different degrees of rape, I am assuming that he has been charged with three counts of Rape in the First Degree (which seems to be the only reasonable possibility under your facts). Rape in the First Degree is defined as follows:
§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
First, I do not believe mere touching of another person constitutes "sexual intercourse" as required to convict under the above statute. If his lawyer can prove his contact was not sexual intercourse (e.g. merely sexual touching), that would provide a complete defense to Rape in the first degree. Second, because your friend was only 15 years old at the time he was an "infant" himself as defined by NY CLS Penal § 30.00; thus, under this statute, only subdivisions one and two of section 130.35 (Rape in 1st degree) apply here. This means that in order to convict him of Rape in the first degree, the prosecution must prove BOTH sexual intercourse AND that he either used forcible compulsion OR that the victim was incapable of consent by reason of being physically helpless. Thus, if a fifteen year old has CONSENSUAL sex (even sexual intercourse, which this appears NOT to be) with a 10 year old, that should not be Rape in the first degree. The fact that the girl was less than 11 years of age (provision 3 of 130.35), for example, would not be a sufficient basis to convict on rape. If my above understanding of the (somewhat unclear) facts is correct, your friend definitely should get a second opinion from a different, experienced criminal attorney as the above facts provide multiple defenses. These charges are MUCH MUCH too serious to simply ask random lawyers on a website to analyze, particularly with such unclear facts. You did not mention where these acts occurred or are being prosecuted.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline