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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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New York State Someone I know, a woman (sounds facetious but

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New York State: Someone I know, a woman (sounds facetious but it's true), was sexualy active with a boy age 17. This happened 5 years ago. My question is .. is there a limit as to how many years can pass before said boy can no longer bring charges against this woman? In other words, is there a statute of limitations after which this boy can no longer bring up sexual misconduct charges? ... please respond if email is needed to:[email protected]

hi

 

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

 

 

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