Full question:
My boyfriend of one year has told me that he was arrested 4 months AFTER having sex with a minor whom had lied about her age at that time. now he feels like he is living in hell right now because he couldn't get a job or move in with me; the state made him to be placed on the sex offender registry level two! i just found out that he will be on the registry for life just because a horny 15 yr old lied about her age and had sex with him. He did NOT have a fair trial, there was no said evidence against him, nor did they offer him to have a lawyer and get this, was not offered a DA......please get back with me I really want to try and help him get this stupid mistake behind him and to have a typical life.
- Category: Criminal
- Date:
- State: National
Answer:
A mistake about age is not a defense to statutory rape charges, even if the underage person lied and gave consent. It is a "strict liability" offense, which makes the perpetrator responsible regardless of the surrounding circumstances. A person can be found guilty of the crime of statutory rape even if they honestly believed the other person was 18 years of age or older. They can also be found guilty of the crime even if the victim consented to have sex and gave false information regarding his/her age.
An appeal must be made almost immediately after being convicted of a
crime. In New York, an offender must make a criminal appeal within 30
days of the date of sentencing. If they wait any longer than that, they
will have to file an explanation of why the notification was delayed. I
suggest contacting a local attorney regarding the issues that he feels
prevented a fair trial.
A level 2 sex offender who has not received a designation of sexual
predator, sexually violent offender or predicate sex offender, who has
been registered for a minimum period of thirty years, may be relieved
of! any fur ther duty to register upon the granting of a petition for
relief by the sentencing court or the court which made the determination
regarding duration of registration and level of notification. Correction
Law §168-o(1) sets forth the procedures to follow when a level 2 sex
offender who has been registered for a minimum of 30 years wishes to
file a petition for relief from registration.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
