__________________________________________Ask the DA
 

I am a mother of two teenage sons, who both have younger girlfriends.  I am worried about statutory sexual assault.  Do we have statutory laws in New York?  Can you explain them to me?

According to the law in New York State, the age of consent for sexual activity is 17.  That means that once an individual attains the age of 17, they have the right, under the law, to engage in consensual sexual activity. Those who are under 17, however, are deemed incapable of consent.  As such, even if they consent to the sexual activity or even initiate it, they are deemed incapable of consent under the law. 

            When an individual who is over the age of consent engages in sexual activity with someone who is under the age of consent, the issue of statutory sexual assault arises.  The severity of the crime is determined not only by the age of the victim, but also by the age difference between the victim and the offender.  For example, if an individual, who is 18 years old or more, engages in sexual relations with someone who is less than 13 years of age, he can be charged with first degree rape, which is a B violent felony and punishable by up to 25 years in jail.  If an individual over the age of 18 engages in sexual relations with someone under the age of 15, that crime would be rape in the second degree, a D felony, punishable by up to 7 years in jail (provided that the offender is at least 4 years older than the victim.)  Finally, if someone 21 years old or more engages in sexual relations with someone less than 17, that crime would be rape in the third degree, an E felony, punishable by up to 4 years in jail. 

            One of the most important things to remember in the area of statutory sexual assault is that it is no defense to the crime that the victim told you she was older or that you mistakenly thought she was older.  It is a strict liability crime, which means that you could be charged with these crimes based upon the fact of the victim’s age alone, regardless of what you thought.  Statutory sexual assault laws were created to protect our young teens from harm.  It is important for everyone to be aware of them.  Moreover, it is also important to note that these laws are gender neutral. They apply regardless of the sex of either the victim or the offender.

            If you have any questions about statutory sexual assault, you can call the Sex Crimes/Special Victims Bureau in my office at 718-250-3170.

Further information is also available on my office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.