Statutory Rape Attorney in Westchester County

Strong, Strategic Defense for Age-Based Rape Charges

New York doesn’t formally use statutory rape as the name of an offense. Age-based allegations may instead lead to charges of rape in the second or third degree under New York Penal Law Article 130. The applicable statute depends on the ages involved, the alleged conduct, and the available evidence.

If detectives want to question you, don’t discuss the allegations before obtaining legal advice. Our criminal defense attorneys assess the potential charge, explain your rights, and examine how investigators are interpreting communications, witness statements, and other records.

Former Prosecutor Insight for New York Statutory Rape Allegations

Richard Portale and James Randazzo are former prosecutors who served in the Westchester County District Attorney’s Office. Their perspective informs how we evaluate the prosecution’s evidence, interview strategy, and ability to prove each element of the charged offense.

Our legal team brings more than 150 years of combined legal and trial experience in state and federal courts. We prepare every case for trial from the beginning while giving clients clear information about their options. Richard Portale and Louis Fasulo have also received Super Lawyers selections.

Evidence That May Shape the Defense

A sex offense accusation alone doesn’t resolve whether the evidence satisfies the charged statute. We look for gaps and inconsistencies, compare the allegations with the required elements, and determine whether investigators followed the law when obtaining digital or physical evidence.

Our review may address:

• Age records: Documents establishing each person’s age at the time of the alleged conduct
• Digital evidence: Text messages, social media content, photographs, location data, and account information
• Witness accounts: Statements compared with communications, timelines, and other available records
• Police interviews: Recordings, reports, and the circumstances surrounding questioning
• Search and seizure issues: Whether investigators lawfully obtained devices, accounts, or other evidence

We work with clients to preserve supporting records and develop a strategy suited to the charge and procedural posture. This analysis distinguishes factual disputes from evidentiary challenges, statutory defenses, and other legal issues.

How New York Classifies Statutory Rape Allegations

For offenses covered by Article 130, New York law generally treats a person younger than 17 as incapable of consent, subject to the statute’s specific provisions and defenses. The prosecution must prove the elements of the filed charge rather than rely on the familiar statutory rape label.

Rape in the Second Degree

Under Penal Law Section 130.30, rape in the second degree includes specified sexual conduct by a person who is 18 or older with someone younger than 15. It is a class D felony. For the age-based provision, New York recognizes an affirmative defense when the accused was less than four years older than the other person at the time of the alleged act. The accused must raise and support that defense with evidence.

Rape in the Third Degree

Under Penal Law Section 130.25, rape in the third degree includes specified sexual conduct by a person who is 21 or older with someone younger than 17. It is a class E felony. Other provisions address circumstances beyond age, so the precise allegations and subsection charged matter.

Rape in the First Degree

Penal Law Section 130.35 covers specified sexual conduct involving a person younger than 11, or a person younger than 13 when the accused is 18 or older. It also addresses forcible compulsion and physical helplessness, which are legally distinct from allegations based only on age.

Protect Your Rights Before Discussing the Allegations

Contact us if you’re under investigation, have been arrested, or already have a court date. We can determine the current stage of the case, explain your options, and advise you before you speak with investigators or post about the allegations online.

From our White Plains headquarters, we serve clients throughout Westchester County. We answer questions directly, examine the evidence closely, and prepare each defense with the possibility of litigation and trial in mind.