Hello. I live in N.Y. I'm 18 and dating a girl who is 16. We have sex. I was told this is rape. Is it?

Question

Her father found out and said he is going to press rape charges.

Answer 1

It is statutory rape. Even if she said yes according to the law she isnt old enough to consent so there was no consent and it was rape.

Here how the law is...

Under 17 years of age: New York law states that a person less than 17 years of age is legally incapable of consenting to sexual intercourse or other sexual contact. These laws are typically known as statutory rape laws.

If the victim is under 13, and the defendant is at least 18, this constitutes a 1st degree sexual offense. 1st degree crimes are considered the most serious ones and carry the longest penalties.
If the victim is under 15 and the perpetrator is at least 18, this constitutes a 2nd degree sexual offense. However, if the defendant is less than 4 years older than the victim, this may constitute an affirmative defense. Affirmative defenses are those in which the defendant introduces evidence which negates criminal liability.

Answer 2

In most states, the legal age of consent is 16 for statutory rape. I don't know about New York.
Check out http://www.coolnurse.com There's an "age of consent" chart there so you can see what NY's law it.

"Regular rape" usually applies to sexual contact that is unwanted or forced. I don't think that applies here. I'm assuming you mean 'statutory rape' (although it probably has a different technical name in NY).

It appears that the age of consent is 17 in New York, however, if you're less than 5 years older than the victim, the charge will be a lower-level misdemeanor (i.e. not a felony.)
It may be, however, if you're within this 5 year window, there is no charge.
http://www.ageofconsent.com/newyork.htm

However, this is probably worth talking to an attorney about.

Answer 3

Age of consent in New York is 17.

Her father could have you charged with statutory rape since she is underage (by law children are not able to consent to sex because they do not understand the consequences), he could also have you charged with contributing to the delinquency of a minor.

Now days, the courts are cracking down on people who have sex with children and even though you are only 2 years older and she is your girlfriend, you are legally an adult and she is legally a child and you could wind up with your name on a sexual predator list for the rest of your life and be restricted in the types of jobs you have and where you can live.

Statutory rape laws are usually not enforced unless someone makes a complaint. Daddy is complaining and could mess your life up good.

Stop seeing her, date females who are old enough to date you. When she doesn't have to answer to her parents anymore then look her up if you are still interested.

Answer 4

Technically in the United States, its call statutory rape because she is a minor. Im not sure about the specifics in NY but in CT they dont really look into it unless there is more than 2 years age difference. Plus she is 16 which is by law the age of consent.

Answer 5

ok ummm it is statutory rape he could press charges but that is up to him. did she want to have sex with you? if she did it isnt rape but my dad is the same way i dont know what he is going to do though and im 14 not 16 so there is a better chance u might get off

Answer 6

Even though you're only two years apart, 18 is of legal, adult age, and 16 is still considered a minor. It is rape if you had sex with her against her will (even if you are married). If not, it is still considered statutory rape, and yes, you can get into trouble for that.

Answer 7

at the beginning in case you have been ever caught you won't get into hassle they might. Secondly it varies state to state. in many instances the regulation says some thing approximately "being interior of four years or so of one yet another." while you're sixteen and that they are 24 we could say, they may be in massive hassle for statutory rape. ultimately: I advise you google your state rules concerning this count, in spite of the undeniable fact that i will remind you which you WONT BE IN hassle. (via the regulation it somewhat is...)

Answer 8

depends on the statutory laws in New York. Some states consider it to be legal to have consenual sex at 16. I went through that at 16 with my ex bf..

Answer 9

yes it rape according to the law even if she wanted to. There was a story similar to this one where the man was imprisoned for 17 years even though the girl repeatedly told authorities she engage in it on her own will. Well i wish you the best. I hope you do not get imprisoned and that this experience teaches you a lesson. Don't date younger girls next time.

Answer 10

It is statutory rape. You are an adult and legally she is a child. If her father presses charges, you will have yourself a record and you will have to register as a sex offender.