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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12799
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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If I met a 15 year old girl on an adult website (sugar daddy

Customer Question

If I met a 15 year old girl on an adult website (sugar daddy to be exact)who lied about her age can I still be charged with statuary rape?

She has videos of us on her computer of us having intercourse while she was about 16.
I allowed her to move in with my when she was 16 and 1/2 and we lived together for about a year and 6 months. We then broke up due to trust issues she moved out and moved to her moms after she turned 18 then I begged her to come back so she moved into NYC and has no legitimate on the books income but has her own apartment. I placed assault charged on her the other day because we got into an altercation in her apartment and I didn't tell the police i broke her camera or barricaded the door. Can she retaliate after her charges are dropped or whatever and bring me up on statuary rape even tho she lied and may have even possessed a fake ID? Also if I know of other men she was with while she was underage.. She has all the proof in the world that we lived together and could even ask old landlords.. Should I be worried or will they view her badly because of her past? She also has video of us fighting and me not treating her so nicely and name calling etc.. this is from when she was 17 + but I dont know if she would use this to make me seem like a bad guy? Who is wrong in this situation...? Who will get in trouble?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is Alex and I will be glad to help you.

Alex Esquire :

Are you online with me?

Customer :

Yes

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am very sorry to learn about your very difficult situation.

Alex Esquire :

What was your age at the time you engaged in a sexual intercourse with the 16 year old and what state was that in?

Customer :

43

Customer :

or 44

Alex Esquire :

In what state did it take place?

Customer :

New York

Alex Esquire :

I am afraid that I have some bad news for you.

Alex Esquire :

Statutory rape of the minor is a "Strict Liability" criminal offense.

Alex Esquire :

What that means, is that it does not matter what the adult thought or the intent, as long as it can be proven that an adult had sexual intercourse with a minor

Alex Esquire :

There would be no defense, such as fake id or misrepresentation of the age by the victim.

Alex Esquire :

Does that make sense?

Alex Esquire :

The legal age of consent is 17 in NY

Customer :

that makes sense..

Alex Esquire :

So as long as, it can be proven that you had sexual relationship with a minor child under 17, it would be sufficient for a conviction.

Customer :

what would be the proof?

Customer :

the video?

Alex Esquire :

I am very sorry to deliver this tough news to you, but the laws were created to protect the minor children and not the adults.

Alex Esquire :

Is there video of a sex act between you and this girl??

Alex Esquire :

Is there a video ?

Alex Esquire :

Are you online with me?

Customer :

yes

Customer :

yes there is

Customer :

does it matter if there is no time stamp

Alex Esquire :

No

Alex Esquire :

Not really.

Alex Esquire :

The video can be generally authenticated.

Alex Esquire :

In any case, in NY, it is a third degree rape for anyone over 21 to have sex with a minor under 17 and it is punishable by up to 4 years in prison and a registration as a sex offender.

Customer :

will they question her character because of her past? What about the other men who were with her that were underage?

Alex Esquire :

NO

Alex Esquire :

It is a strict liability crime

Alex Esquire :

So it would not help your case, even if she slept with 100 men when she was under 17.

Alex Esquire :

Or if she had reputation of the biggest slut in town.

Alex Esquire :

All that has to be proven, are just 3 elements

Alex Esquire :

1) The girl was under 17

Alex Esquire :

2) The man was over 21

Customer :

what if i knew the names of the men ? Could they be prosecuted aswell?

Alex Esquire :

3) there was a sexual relationship between the two.

Alex Esquire :

It would be up to the DA

Alex Esquire :

but you might also risk a chance of facing further very serious criminal charges, if you start introducing other men to the DA, especially if you had any involvement in the fact that these other men slept with this minor child.

Customer :

Would this be a public case?

Alex Esquire :

What do you mean?

Customer :

would something like this be broadcasted on tv?

Alex Esquire :

It would be a criminal felony case, and all the records as far as the defendant would be public, but the name of the girl would be redacted.

Customer :

why would her name be redacted?

Alex Esquire :

It could be, if the case attracts enough attention or if public figures are involved.

Alex Esquire :

Because the names of the crime victims, especially rape victims get redacted for safety and privacy concerns from the public records.

Alex Esquire :

Here is what I would suggest is generally a good idea to do in a case similar to yours.

Alex Esquire :

Do not discuss this situation with anyone, except for your local criminal defense attorney.

Alex Esquire :

Consult and retain very experienced and established local criminal defense attorney, who has handled similar statutory rape cases.

Alex Esquire :

Defer any questions to your local attorney and if interrogated by the police, demand for your local attorney to be present.

Alex Esquire :

Same goes for any criminal court proceedings.

Customer :

is there any way I could not be convicted of this if the evidence is all there?

Alex Esquire :

NO

Alex Esquire :

As long as the evidence are there, it is a strict liability crime

Customer :

even if the jury doesnt like the girl and her history?

Alex Esquire :

I do strongly suggest that you do consult with a local criminal defense attorney as soon as you can.

Alex Esquire :

Correct

Alex Esquire :

The jury will be instructed to disregard any of those facts

Customer :

If she is a sugar baby living on her own in manhattan can she be charged with tax evasion?

Customer :

and under investigation?

Alex Esquire :

Also, it is possible that you might potentially face other criminal charges, such as exploitation of the minor child, etc...

Alex Esquire :

That is something entirely different

Alex Esquire :

It would be up to the IRS and State tax agency to investigate

Alex Esquire :

I would not be worried about that, it I was you.

Customer :

would she have consequences for not have legitimate income on the books?

Alex Esquire :

I think you might want to focus on your own situation at this point.

Alex Esquire :

It depends.

Alex Esquire :

But it is beyond the scope of your original question.

Alex Esquire :

Do you have any related follow up questions?

Customer :

you are right i have to step out for a little will be you around later to answer further or?

Customer :

*you be

Alex Esquire :

I believe I have answered your question fully and completely.

Alex Esquire :

I will be happy to answer any additional questions from you, once my answer is rated and accepted.

Alex Esquire :

Also, you can post your new questions and request my answers, but starting your question by "This question is for Alex Esquire only".

Alex Esquire :

Thank you and please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.



I wish you the best of luck and GOD bless you!

Expert:  Alex J. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Alex J. Esq. replied 1 year ago.
Dear Shay,

Thank you and please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.




I wish you the best of luck and GOD bless you!
Customer: replied 1 year ago.
I will gladly rate after a few more questions..

Does it matter if she has a history of lying about anything from rape to her age?

Will any of these things be taken into account to make it less likely to get convicted?
Customer: replied 1 year ago.
Also what is there was a disclaimer for the adult website?

Or if body parts aren't clearly shown where they are going in the video?

How could they prove that we had sex?

If things got really dirty what is the farthest they till go to her and my past?

Is this definite conviction?

All these questions relate back to my first.
Expert:  Alex J. Esq. replied 1 year ago.
Dear Shay,

Thank you for your follow up.

I believe I have answered your initial and several related questions fully and completely.

I will be happy to answer any additional questions from you, once my answer is rated and accepted.

Also, you can post your new questions and request my answers, but starting your question by "This question is for Alex Esquire only".

According to the rules and terms of service of JustAnswer.com, any new questions have to be posted in a new post and I will be happy to answer all of of your new questions, if you do request for me to answer them.

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