Over the last 10 years there has been a substantial increase in the number of statutory rape cases that have been brought against mostly teenage boys who have sex with their underage girlfriends. In New york State a girl under age 17 is legally incapable of giving consent to have sexual intercourse.
Most young men are not fully aware that it is a crime to have sex with a girl who is 16 or younger even if she consents and her parents do not object. They do not realize that they will be arrested and convicted of a serious felony and will be a registered sex offender for the rest of their lives.
They do not understand that they can go to prison and that it will be very difficult to find a decent job with a felony conviction. Many parents do not warn their sons that getting involved with minors can have serious consequences and do not monitor who their sons are dating.
It does not matter if the girl was in a bar or lied about her age. It is the responsibility of the man to ascertain a woman's age and realize that it is not uncommon for a young person to have a fake ID. It may not be fair, but the law is written to protect minors and it is a strict liability law that does not forgive those who are honestly mistaken or lied to.
Even if the parents and girl seem to approve of the situation, that might change and that is when the police are called and it is important that the young man know his rights and refuse to answer any questions. He should ask that the questioning stop and that he be provided an attorney.Under no circumstances should he speak to the police or anyone else about the situation.
The Law Offices of John J. Carney offers free consultations and we are available to talk to your children about the hazards of underage sex, drinking, shoplifting, drugs, computer crimes, and all of the other trouble that your children may get involved with.
If you would like to talk to our lawyers about your children call now for a free consultation 24 hours a day.