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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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hi I had a sex with a girl who was 16 3/4 at the time. age

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hi I had a sex with a girl who was 16 3/4 at the time. age of consent in her state is 16 in mine it would be 17. is she bound by the laws in the state where she resides? can her family try and accuse me of statutory rape? any info would be appreciated
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
Which state's law would apply depends on where the sexual activity took place ... if in her state, the age of consent at 16 would apply ... if in your state, the age of consent at 17 would apply.

The threat by her family is in itself quite possibly a criminal act. New York Penal Code section 135.60 defines criminal coercion as:

Section 135.60 Coercion in the second degree

A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:

...
4. Accuse some person of a crime or cause criminal charges to be instituted against him;

...
Coercion in the second degree is a class A misdemeanor.


There is a defense to this crime:

Section 135.75 Coercion; defense

In any prosecution for coercion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.


Under the circumstances, however, it does not appear that this defense would apply.


You should be careful about referring to this court section ... just tell them that you are aware of it and want them to stop threatening you. Do not make any counter threat to file a complaint against them.


If you committed no crime, it doesn't really matter what report they make. Good luck to you in this difficult situation.

Customer: replied 5 years ago.

so are you saying they there chances of taking me to court would be slim unless they had some sort of proof the any sexual act took place in my state.( it took place in theirs where it is 16) they said they'll lie and say it happened in NY.

Expert:  Jim Reilly replied 5 years ago.
Yes, that is exactly the point. If any of these threats were made in writing, keep them. Is the girl participating in this threat against you? She is really the only person who could make a credible claim regarding the place where the sexual activity occurred. Do you have anything in writing from her about it, such as letters or emails written at the time? If so, keep those as well, just in case.

The threats to lie about the circumstances is yet another act of criminal coercion ... and you should not let them intimidate you. If you want to have a role in the life of your child, you are going to have to stand up to your girlfriend's family.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
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