Statutory Rape Attorney in New York

Former Prosecutors Defending New Yorkers Against Rape Charges

Sex offense allegations involving a complainant’s age require a defense grounded in the specific ages, conduct, and statutory subsection at issue. At Mottola Uris Law, PLLC, we represent people facing state and federal rape and sex crime cases throughout New York, including New York City and Long Island.

Our founding attorneys are former Brooklyn prosecutors with more than 30 years of combined criminal trial experience. Lawrence Mottola and Adam Uris work directly with clients from the first call through resolution, developing a strategy around the evidence and procedural posture of each case.

Call (718) 550-3318 to discuss the allegation, the charge under investigation, and your next steps with our statutory rape attorneys.

How New York Defines Statutory Rape Allegations

New York doesn’t have an offense formally titled statutory rape. Prosecutors instead bring allegations involving age under New York Penal Law Article 130, which addresses circumstances in which a person is considered incapable of consenting. Penal Law §130.05 supplies the incapacity-to-consent rule used in these cases.

The applicable charge depends in part on the ages of the accused person and the complainant. Two statutes are particularly important:

• Rape in the Second Degree: Penal Law §130.30 includes an allegation that a person who is 18 or older engaged in vaginal, oral, or anal sexual conduct with a person younger than 15.
• Rape in the Third Degree: Penal Law §130.25 includes an allegation involving a person who is 21 or older and a person younger than 17.

The statutory charge name determines the elements the prosecution must prove and which defenses may apply. An investigation commonly begins with confirming the relevant ages, alleged conduct, and statutory subdivision.

Felony Consequences & Registration Requirements

Rape in the Second Degree is a class D felony, while Rape in the Third Degree is a class E felony. Each charge requires careful analysis of its elements and the circumstances alleged.

Both statutes are also listed as sex offenses under Correction Law §168-a, part of New York’s Sex Offender Registration Act. A conviction can therefore raise two distinct issues: felony sentencing and possible sex offender registration. These consequences must be assessed separately rather than assumed from the charge name alone.

Building a Defense to Rape Charges in New York

Effective defense work starts with the exact statutory theory, not the informal statutory rape label. We examine the prosecution’s proof, the admissibility of statements, and whether law enforcement followed constitutional requirements.

The Close-in-Age Affirmative Defense

For the applicable age-based subdivisions of Rape in the Second Degree, New York law provides an affirmative defense when the defendant was less than four years older than the complainant at the time of the alleged act. This legally recognized defense must be raised and supported in the case. Its availability depends on the subdivision charged and the parties’ ages.

Knowledge of the complainant’s age isn’t an element of Rape in the Second Degree. A claim that the accused person misunderstood or wasn’t told the complainant’s age therefore doesn’t resolve the charge by itself. We evaluate that issue within the complete factual and legal record.

Evidence & Suppression Motions

Article 130 cases may involve electronic communications, witness accounts, and statements to law enforcement. Our rape defense work includes suppression motions asking a court to exclude evidence obtained in violation of applicable legal protections.

Criminal Procedure Law §60.42 generally limits evidence concerning a complainant’s prior sexual conduct unless a narrow statutory exception applies. This rule is commonly called New York’s rape shield law. Defense preparation must account for those restrictions while identifying admissible evidence that addresses the elements of the charged offense.

Pre-Indictment Intervention

Our work can begin before an indictment is filed. Pre-indictment intervention may include communicating with investigators or prosecutors, assessing whether questioning should occur, and presenting relevant legal or factual issues at the appropriate stage. The available options depend on whether the case remains under investigation, an arrest has occurred, or grand jury proceedings are being considered.

What Happens from Investigation Through Trial

A sex offense case involving age can begin with an investigation and a request for pre-arrest questioning. Speaking with our attorneys before answering questions allows us to assess the request and advise you about your rights. Investigations don’t always follow the same path, so the timing of legal involvement can matter.

After an arrest and booking, the accused person appears for arraignment, where the charge is formally addressed and release conditions may be considered. In New York City, the assigned prosecution bureau varies by county. For Brooklyn cases, rape prosecutions are handled by the Kings County District Attorney’s Office Special Victims Bureau. Our founding attorneys previously worked within the Kings County prosecution system, giving us firsthand insight into how prosecutors assess and build criminal cases.

Later stages can include discovery, pretrial motions, and either negotiations or trial. Discovery is the process through which case materials are exchanged under applicable rules. If there’s a conviction, sentencing and post-conviction proceedings may also address registration under the Sex Offender Registration Act.

Speak Directly with Our Defense Attorneys

We’re available 24/7 for people facing these allegations and for families seeking guidance for an accused minor or young adult. We offer free consultations and flexible payment plans. Our contact form provides another way to tell us about the current stage of the case.

Call (718) 550-3318 to speak directly with our New York statutory rape lawyers.