ok. there is a 16 going on 17 year old girl and a 23 yeaar old boy. they have been seing each other for about a year. they have done nothing at all.

they havent had ex or anything like that. the mother found out like two mothns ago. only thing that happened is the girl cant see him and he cant see her.. the mother, after two months, i think is tryhing to get the boy into trouble with the law… what could my friend get charged with??? i mean they never had sex.. only a few kisses

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


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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