M
mudybean
Guest
On behalf of a loved one.
While visiting in NY he met a girl over the Internet. They decided to meet at a party at the girl's house. They proceeded to have intercourse. Beforehand he asked her how old she was. She said 18. She performed Oral Sex for him. She fell asleep and he left.
4 weeks later, he has a confrontation with the friends he was staying with. He decides to come home. 2 weeks later the police knock on the door and search the apartment because they are "Looking for him". Search includes tearing wallpaper off of walls.
His friends call back home to inform all of his friends to let him know what's going on and that they are looking for him.
He tries to turn himself in because he wasn't aware that he did anything wrong and wanted to clear it up. But there is no
warrant. He gets pulled over a few weeks later and there is a warrant for Rape and Criminal Sexual Abuse in NY.
He is being charged with :
2 counts of
S 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when, being eighteen
years old or more, he or she engages in sexual intercourse with another
person to whom the actor is not married less than fourteen years old.
Rape in the second degree is a class D felony.
AND
Sec. 130.60 Sexual abuse in the second degree.
A person is guilty of sexual abuse in the second degree when
he subjects another person to sexual contact and when such other person is:
1. Incapable of consent by reason of some factor other than
being less than seventeen years old; or
2. Less than fourteen years old.
Sexual abuse in the second degree is a class A misdemeanor.
Additionally, they told him it was routine to charge him with 2 counts for the rape charge. It would be the same thing if you murdered someone. They would give you two counts as opposed to one.
What I am trying to find is whether or not it is a liable defense if she lied about her age and also, if found guilty as a first time offender what is the penalty for something like this?
While visiting in NY he met a girl over the Internet. They decided to meet at a party at the girl's house. They proceeded to have intercourse. Beforehand he asked her how old she was. She said 18. She performed Oral Sex for him. She fell asleep and he left.
4 weeks later, he has a confrontation with the friends he was staying with. He decides to come home. 2 weeks later the police knock on the door and search the apartment because they are "Looking for him". Search includes tearing wallpaper off of walls.
His friends call back home to inform all of his friends to let him know what's going on and that they are looking for him.
He tries to turn himself in because he wasn't aware that he did anything wrong and wanted to clear it up. But there is no
warrant. He gets pulled over a few weeks later and there is a warrant for Rape and Criminal Sexual Abuse in NY.
He is being charged with :
2 counts of
S 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when, being eighteen
years old or more, he or she engages in sexual intercourse with another
person to whom the actor is not married less than fourteen years old.
Rape in the second degree is a class D felony.
AND
Sec. 130.60 Sexual abuse in the second degree.
A person is guilty of sexual abuse in the second degree when
he subjects another person to sexual contact and when such other person is:
1. Incapable of consent by reason of some factor other than
being less than seventeen years old; or
2. Less than fourteen years old.
Sexual abuse in the second degree is a class A misdemeanor.
Additionally, they told him it was routine to charge him with 2 counts for the rape charge. It would be the same thing if you murdered someone. They would give you two counts as opposed to one.
What I am trying to find is whether or not it is a liable defense if she lied about her age and also, if found guilty as a first time offender what is the penalty for something like this?