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Statutory rape or sexual offense?

Alden, NY |

My 14 yr old daughter has told me she had sex with a 17yr old. What is my recourse legally? I am confused by conflicting statement in the law. Can a 14 yr old consent or not? If teachers are mandatory reporters, should I inform them?

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Attorney answers 1

Posted

You can always bring endanger the welfare of a minor or sexual misconduct charge against the boy. The only problem you will have is that your daughter or some other witness would have to sign a supporting deposition. A 14y cannot consent to having sex in new york. You must be 17 to consent to sex. There is no point to telling her teachers because a mandatory reporter would just have to tell the police, which you were planning on doing, not do anything more.

Asker

Posted

if a 18 year old male has sex with a 16 year old femle and she gets pregnant is that satitory rape even if the girl was willing too? & they parents dont press charges?

Benjamin Ari Greenwald

Benjamin Ari Greenwald

Posted

if no one calls the police then it really doesn't matter if it is a crime since there is no one to prosecute you.