New York statutory rape/sexual misconduct

[smalltown2]

What is the name of your state (only U.S. law)? New York.

I have a question about a recent event in our small community. A 17 year old was charged with sexual misconduct for having sexual relations with a 14 year old. They were consensual. The parents knew, and approved. After he was charged, the local papers ran an article about it and published his full name (how can they do that, with him being a minor?).

I realize this is not a pretty situation, at all. But since they are less than 4 years apart and both under 18, that is a defense in New York against statutory rape -- correct? Why is it not against sexual misconduct?

And if this law really prevents anyone under the age of 17 from having sex, why aren't all our teens carted off to jail every day? Or at the least, why aren't New York high schools having seminars warning teens under 18 of the danger they're in?

 

[Just Blue]

What is the name of your state (only U.S. law)? New York.

I have a question about a recent event in our small community. A 17 year old was charged with sexual misconduct for having sexual relations with a 14 year old. They were consensual. The parents knew, and approved. After he was charged, the local papers ran an article about it and published his full name (how can they do that, with him being a minor?).

I realize this is not a pretty situation, at all. But since they are less than 4 years apart and both under 18, that is a defense in New York against statutory rape -- correct? Why is it not against sexual misconduct?

And if this law really prevents anyone under the age of 17 from having sex, why aren't all our teens carted off to jail every day? Or at the least, why aren't New York high schools having seminars warning teens under 18 of the danger they're in?

Do you have a personal interest in this situation or just curious?

 

[mistoffolees]

What is the name of your state (only U.S. law)? New York.

I have a question about a recent event in our small community. A 17 year old was charged with sexual misconduct for having sexual relations with a 14 year old. They were consensual. The parents knew, and approved. After he was charged, the local papers ran an article about it and published his full name (how can they do that, with him being a minor?).

I realize this is not a pretty situation, at all. But since they are less than 4 years apart and both under 18, that is a defense in New York against statutory rape -- correct? Why is it not against sexual misconduct?

The age of consent in NY is 17.

A 14 year old can not consent to sex - whether the parents 'approve' or not (and I doubt if the parents 'approve'. They might accept it, but I doubt if they're really keen on the idea of a 14 year old having sex with an 18 year old.

And if this law really prevents anyone under the age of 17 from having sex, why aren't all our teens carted off to jail every day? Or at the least, why aren't New York high schools having seminars warning teens under 18 of the danger they're in?

Sex laws in this country are a mess, but that doesn't mean that you can just ignore them. Some people get away with all sorts of crimes - that doesn't mean that the crime can't be prosecuted.

What it does mean, in the case of sex, is that the police aren't going to do something unless someone files a complaint and/or a minor gets pregnant.

 

[smalltown2]

The age of consent in NY is 17.

A 14 year old can not consent to sex - whether the parents 'approve' or not (and I doubt if the parents 'approve'. They might accept it, but I doubt if they're really keen on the idea of a 14 year old having sex with an 18 year old.

Sex laws in this country are a mess, but that doesn't mean that you can just ignore them. Some people get away with all sorts of crimes - that doesn't mean that the crime can't be prosecuted.

What it does mean, in the case of sex, is that the police aren't going to do something unless someone files a complaint and/or a minor gets pregnant.

These are two friends of my niece, and I am her legal guardian (she's living with me). They are girlfriend (14) and boyfriend (17). They come from rough homes. The girlfriend describes herself as "ADD, bipolar, and OCD with a wicked temper, just like my mom." So I believe that mom actually consented. These kids are coming out of ugly environments and if the parents think it's okay, how are they going to know better?

In this case, it seems as if a jealous ex-girlfriend was the one to complain to the police. And it really appears that even if the present girlfriend were 16 instead of 14, this boy would be going to jail. I don't feel good about these two having sex, but I don't feel good about him being branded as a sex offender either. He's a nice boy, and his chances of doing well in life were poor enough already without this seemingly innocuous situation (from his POV) turning into something so awful. Worse still, if he had intelligent or middle-class parents he probably wouldn't have said anything to the police, but he admitted having sex, so he pays a very steep penalty.

I don't know, even after researching it I find the laws in New York very difficult to understand, so I don't know how he could have known this was a sexual offense. I have never seen another teenager brought up on charges like this.

 

[Just Blue]

These are two friends of my niece, and I am her legal guardian (she's living with me). They are girlfriend (14) and boyfriend (17). They come from rough homes. The girlfriend describes herself as "ADD, bipolar, and OCD with a wicked temper, just like my mom." So I believe that mom actually consented. These kids are coming out of ugly environments and if the parents think it's okay, how are they going to know better?

In this case, it seems as if a jealous ex-girlfriend was the one to complain to the police. And it really appears that even if the present girlfriend were 16 instead of 14, this boy would be going to jail. I don't feel good about these two having sex, but I don't feel good about him being branded as a sex offender either. He's a nice boy, and his chances of doing well in life were poor enough already without this seemingly innocuous situation (from his POV) turning into something so awful. Worse still, if he had intelligent or middle-class parents he probably wouldn't have said anything to the police, but he admitted having sex, so he pays a very steep penalty.

I don't know, even after researching it I find the laws in New York very difficult to understand, so I don't know how he could have known this was a sexual offense. I have never seen another teenager brought up on charges like this.

Google: "Ignorance of the law is no defense"

By 17 a person should know to NOT have sex with a little girl.

Unless the 17 year old was living under a rock...

 

[smalltown2]

From what I can tell, in most states it would be legal since their age difference is not very large. If no one knows (especially high schoolers and their parents) about the law being different here, this seems like yet another way to step on the poor and misinformed.

It appears that even in this forum no one's had much experience with the New York sex laws, and why would they? -- but I thought I'd post just in case.

 

[mistoffolees]

These are two friends of my niece, and I am her legal guardian (she's living with me). They are girlfriend (14) and boyfriend (17). They come from rough homes. The girlfriend describes herself as "ADD, bipolar, and OCD with a wicked temper, just like my mom." So I believe that mom actually consented. These kids are coming out of ugly environments and if the parents think it's okay, how are they going to know better?

That's quite a leap. How do you make the logical jump from "I'm ADD....just like my mom" to "Mom thinks it's OK for me to be having sex with an older boy"?

In this case, it seems as if a jealous ex-girlfriend was the one to complain to the police. And it really appears that even if the present girlfriend were 16 instead of 14, this boy would be going to jail. I don't feel good about these two having sex, but I don't feel good about him being branded as a sex offender either. He's a nice boy, and his chances of doing well in life were poor enough already without this seemingly innocuous situation (from his POV) turning into something so awful. Worse still, if he had intelligent or middle-class parents he probably wouldn't have said anything to the police, but he admitted having sex, so he pays a very steep penalty.

Then he needs an attorney. The attorney may ask for a plea bargain.

I don't know, even after researching it I find the laws in New York very difficult to understand, so I don't know how he could have known this was a sexual offense. I have never seen another teenager brought up on charges like this.

As I said, sex laws in this country are a mess, but ignorance of the law is no excuse.

But it's hard to believe that anyone who made even a cursory search wouldn't know that a 17 year old couldn't have sex with a 14 year old.

 

[stealth2]

But it's hard to believe that anyone who made even a cursory search wouldn't know that a 17 year old couldn't have sex with a 14 year old.

Well... the 17yo COULD. But shouldn't. Because it isn't legal.

 

[BL]

These are two friends of my niece, and I am her legal guardian (she's living with me). They are girlfriend (14) and boyfriend (17). They come from rough homes. The girlfriend describes herself as "ADD, bipolar, and OCD with a wicked temper, just like my mom." So I believe that mom actually consented. These kids are coming out of ugly environments and if the parents think it's okay, how are they going to know better?

In this case, it seems as if a jealous ex-girlfriend was the one to complain to the police. And it really appears that even if the present girlfriend were 16 instead of 14, this boy would be going to jail. I don't feel good about these two having sex, but I don't feel good about him being branded as a sex offender either. He's a nice boy, and his chances of doing well in life were poor enough already without this seemingly innocuous situation (from his POV) turning into something so awful. Worse still, if he had intelligent or middle-class parents he probably wouldn't have said anything to the police, but he admitted having sex, so he pays a very steep penalty.

I don't know, even after researching it I find the laws in New York very difficult to understand, so I don't know how he could have known this was a sexual offense. I have never seen another teenager brought up on charges like this.

It doesn't matter if the 17 yr. old knew or not . Unless he really could not be capable of knowing right from wrong . Then again that doesn't excuse a criminal. They may go to institutions to protect society .

Sexual Offenses in New York State Penal Law

§130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:

1.He or she engages in sexual intercourse with another person without such person’s consent; or

2.He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or (Eff.11/1/03,Ch.264,L.2003)

3.He or she engages in sexual conduct with an animal or a dead human body.

Sexual misconduct is a class A misdemeanor.

 

[smalltown2]

It doesn't matter if the 17 yr. old knew or not . Unless he really could not be capable of knowing right from wrong . Then again that doesn't excuse a criminal. They may go to institutions to protect society .

Sexual Offenses in New York State Penal Law

§130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:

1.He or she engages in sexual intercourse with another person without such person’s consent; or

2.He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or (Eff.11/1/03,Ch.264,L.2003)

3.He or she engages in sexual conduct with an animal or a dead human body.

Sexual misconduct is a class A misdemeanor.

I do not know what "right from wrong" means in this context. What is right or at least legal in one state ... in fact, in most states ... is not defensible in New York, or so it seems. That seems different than "right from wrong."

That is a good page you posted, but the selection you included does not seem to speak to the situation, and it would take a real expert to understand how this page full of laws would apply, especially with all the exceptions starting "... who is incapable of consent by reason of some factor other than being less than seventeen years old." It is a real morass.

 

[BL]

I do not know what "right from wrong" means in this context. What is right or at least legal in one state ... in fact, in most states ... is not defensible in New York, or so it seems. That seems different than "right from wrong."

That is a good page you posted, but the selection you included does not seem to speak to the situation, and it would take a real expert to understand how this page full of laws would apply, especially with all the exceptions starting "... who is incapable of consent by reason of some factor other than being less than seventeen years old." It is a real morass.

That's why the question of the name of the State .

One does not have to understand laws to be charged with an offense,prosecuted,and found guilty .

Anyways ,we are not here to debate the laws .

 

[smalltown2]

I just found a good answer to this situation on sexlaws.org. They state there that both parties being minors, with less than 4 years difference between them, may be an affirmative defense in this case, "although it's not an automatic get out-of-jail-free card." It sounds like if he gets a good attorney, these charges will be dropped.

 

[mistoffolees]

Well... the 17yo COULD. But shouldn't. Because it isn't legal.

I wasn't referring to the 17 yo, I was referring to OP who said she researched the matter and couldn't be sure that the 17 yo could be punished.

I just found a good answer to this situation on sexlaws.org. They state there that both parties being minors, with less than 4 years difference between them, may be an affirmative defense in this case, "although it's not an automatic get out-of-jail-free card." It sounds like if he gets a good attorney, these charges will be dropped.

Don't count on it.

You're relying on an advocacy site pushing for changes in the sex laws favoring sex between minors. Aside from their bias, it's not clear that the above statement even considers differences between states. And even the advocacy site only say 'may be an affirmative defense'. There's a HUGE leap between that and your conclusion that the charges will be dropped.

If he gets a good attorney, he MAY be able to get the charges dropped or plea bargain to a lesser charge or probation, but if you think that just hiring an attorney is going to get him off the hook, you're dreaming. It's a very serious charge and needs to be taken seriously. AND he could be facing a serious penalty.

 

[mistoffolees]

I do not know what "right from wrong" means in this context. What is right or at least legal in one state ... in fact, in most states ... is not defensible in New York, or so it seems. That seems different than "right from wrong."

You can go debate "right from wrong" on sexlaws.org. Here, we're discussing the law - and the law is actually fairly clear.

A 14 year old can not legally give consent to having sex, so a 17 year old having sex with a 14 year old has committed statutory rape. You're making it far more complicated than it really is.

 

[cbg]

Good luck trying to get the law changed to allow 14 year olds to have sex. Ain't gonna happen, sweetheart.