if the boy was 17, she's safe because that is the legal age of consent in NY. so as long as it was consensual or he does not say otherwise, no charges can be brought. if however, he says he was forced or raped then that would be a class A felony and charges can commence at any time.
here is the law which shows the age of consent is 17
§130.25 Rape in the Third Degree
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; or
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the third degree is a class E felony