can my friend get into trouble???

my friend has been seeing this girl for almost a year. she is 16 going on 17 in a few weeks. he is 23 or 24. i cant remember. anyways i have no problem with it. they have nere done anything like sex or that stuff. anyways her brother caught both of them kissing… now she cant see him till 18 and he cant she her. but here is my question…. her mother i think after two months later… i think she is trying to get the boy into trouble with the law. what could he get out of it. i told him i didnt know but… yeahjust woundering what could he get into trouble for???they never had sex

Asked on June 2, 2009 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In New York state the age for consensual sex is 17.  Having sex with someone younger constitutes sexual assault. 

The girl is under 17 here, but you say that they have not had sex.  In that case there has been no sexual assault.  However "sex" is broadly defined under the applicable statute;  it's not just intercourse, there are several acts that constitute "sex".

Without going into all the intimate details of your friends' love life, I have provided you a link:  http://www.nycagainstrape.org/survivors_legal.html.  Look at it.  If anything that they have done is described in the statute than a sexual assault has occurred.


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