between dating and a relationship - New york dating age
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There is also a partial exception for a minor who is 11, 12, 13, or 14 years old, and a defendant who is younger than 17.
This is a partial exception because, while these parties are protected from felony prosecution, they may nonetheless be charged for sexual misconduct (a misdemeanor), which can incur a sentence of up to one year in jail.
But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one—to avoid conviction. Numerous defenses may apply to statutory rape charges, and a lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time) and will know how prosecutors and judges typically handle cases like yours.
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Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.
In New York, there is a partial Romeo and Juliet exemption for consensual sex between a minor who is 15 or 16 and someone who is younger than 21.
Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
Their incapacity is written into the statute—hence the term, “statutory” rape.