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I need to check that I'm interpreting the facts correctly:
Is the woman now 30 and the male now 24, and they were ages 22 and 16 back then, or is the women now 22 and the male now 16 and they were ages 14 and 8 then?
Was it consensual sex and involved intercourse? If anything other, can you give a brief description of relevant facts?
Is there an issue at this time that is making this question particularly relevant?
Is New York the place where the activity took place?
Get back to us when you can so I can see how the law would apply to your facts and give you an answer.
I apologize for the delay in getting back to you. I was out for the weekend.
Under New York law, a person is unable to consent to sex under age 17. § 130.05 Sex offenses; lack of consent.1. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.2. Lack of consent results from:. . . (b) Incapacity to consent; or. . . 3. A person is deemed incapable of consent when he or she is:(a) less than seventeen years old; or . . .
Sex with a person under 17 (but over 15) is "Sexual Misconduct", a Class A Misdemeanor.§ 130.20 Sexual misconduct. A person is guilty of sexual misconduct when: 1. He or she engages in sexual intercourse with another person without such person's consent; or. . . .Sexual misconduct is a class A misdemeanor.
The statute of limitations in New York "Sexual Misconduct", a misdemeanor, is "within two years of the commission of the offense", except that the period does not begin to run until the minor turns age 18, so that could add up to two years in this case (depending on how close to age 17 she was).
"Prosecution for all misdemeanor sex offenses must commence within two years of the commission of the offense. N.Y. Crim. Proc. Law § 30.10(2)(c). This includes sexual misconduct, N.Y. Penal Law § 130.20; forcible touching, N.Y. Penal Law § 130.52; and sexual abuse in the second and third degree, N.Y. Penal Law § 130.55-.60. "For any sex offense where the victim is under the age of eighteen, the period of limitation does not begin to run until the victim’s 18th birthday or the offense is reported to law enforcement, whichever occurs first. N.Y. Crim. Proc. Law § 30.10(3)(f)."See http://www.rainn.org/public-policy/legal-resources/statute-of-limitations.html See http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS for a copy of N.Y. Crim. Proc. Law § 30.10(2)(c) and 30.10(3)(f).
The 8 year period you have referenced more than covers the statute of limitations.
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