New York City Statutory Rape Lawyer

Few criminal accusations carry the immediate weight, stigma, and legal exposure of a statutory rape charge in New York. The moment law enforcement begins asking questions or prosecutors file charges, the collateral damage begins: careers, reputations, professional licenses, and family relationships are put at risk before a single piece of evidence is tested in court. A person accused of this offense is not simply defending against a criminal case. They are defending their identity. For anyone facing a statutory rape investigation or prosecution in New York City, understanding how these cases are actually built, challenged, and resolved is the first step toward making informed decisions. New York City statutory rape lawyer Jason Goldman has represented clients at every stage of these proceedings, from pre-arrest investigations through trial, with a practice built on discretion, preparation, and the kind of strategic thinking that goes well beyond the courtroom.

New York does not use the phrase “statutory rape” in its Penal Law. The operative charges are Rape in the Second Degree, Rape in the Third Degree, Criminal Sexual Act, and related offenses under Article 130, which collectively criminalize sexual conduct with individuals who are below the age of consent regardless of whether the encounter was consensual. The statutory framework is precise, and the distinctions between degrees, age thresholds, and the ages of the accused matter enormously for how a case is charged and what defenses may be available. The gap in ages between the parties, the specific sexual acts alleged, and whether the conduct is alleged to have been penetrative or otherwise all drive which statute applies and what penalties are on the table.

These are not cases where a generic defense posture works. Evidence tends to center on digital communications, witness accounts, and forensic materials. Prosecutors in Manhattan, Brooklyn, the Bronx, Queens, and Staten Island treat these cases as priorities. The investigation often begins quietly, sometimes through a tip to the NYPD Special Victims Division or a referral from the Administration for Children’s Services, long before an arrest is made. Getting ahead of that investigation, before charges are filed, is often the most consequential decision a person in this situation can make.

New York’s Statutory Age Offenses: Charges That Actually Apply

• Rape in the Third Degree (Age-Based): Under New York Penal Law, a person who is 21 or older engages in criminal sexual conduct when they have intercourse with a person who is under 17. This charge does not require force or lack of consent; the age differential itself is the basis for prosecution. It is a Class E felony.
• Rape in the Second Degree: Applies when an individual who is 18 or older has intercourse with a person who is under 15. This is a Class D felony carrying heavier exposure than the third-degree offense, and it is prosecuted aggressively by the special victims bureaus of all five borough DA offices.
• Criminal Sexual Act (Second and Third Degree): New York separately criminalizes oral and anal sexual conduct under the same age-based framework used for rape charges. A person can face Criminal Sexual Act charges for conduct that does not involve intercourse, and these offenses carry equivalent felony classifications to the parallel rape degrees.
• Sexual Abuse and Forcible Touching Variants: Where the alleged conduct involves sexual contact short of intercourse or a criminal sexual act, prosecutors may charge Sexual Abuse in various degrees or Forcible Touching depending on the specific facts, ages, and nature of the contact alleged.
• Sex Offender Registration Consequences: A conviction on any of the above charges triggers mandatory registration under New York’s Sex Offender Registration Act (SORA). Depending on the Risk Level assigned at a subsequent SORA hearing, registration can be for 20 years or for life, with varying levels of community notification. This registration consequence often matters more to the accused than the incarceration exposure itself.
• Federal Exposure in Cross-State or Online Cases: Where alleged conduct involved electronic communications across state lines, transportation of a minor, or production or possession of visual depictions, federal charges under statutes administered in the Southern or Eastern Districts of New York may run parallel to or replace state charges entirely. Federal prosecutions operate under entirely different procedural rules and sentencing structures.

What the Defense Process Actually Looks Like Before and After an Arrest

The most underappreciated phase of a statutory offense case is everything that happens before charges are filed. Law enforcement investigations in these cases often unfold over weeks or months. The NYPD Special Victims Division conducts interviews, may set up controlled calls, and gathers digital evidence from phones, social media platforms, and messaging applications before the DA’s office decides whether to present the case to a grand jury. If a target of that investigation retains counsel early, an attorney can engage prosecutors before an arrest occurs, potentially presenting information, context, or legal arguments that affect whether charges are filed at all and what those charges look like.

Jason Goldman’s practice includes pre-arrest representation as a core discipline. Working with private investigators, forensic experts, and, where appropriate, communications professionals, he approaches these cases as investigations to be counter-investigated, not just accusations to be reacted to. That means analyzing the digital evidence independently, understanding the complaining witness’s background and motivations, and developing a factual and legal narrative that positions the client from the earliest possible moment.

Once charges are filed, cases in New York City’s statutory offense category flow through Supreme Court rather than Criminal Court, because the charges are felonies. In Manhattan, cases proceed through 100 Centre Street. In Brooklyn, the relevant venue is 320 Jay Street. The Bronx Hall of Justice, the Queens Criminal Courthouse in Kew Gardens, and the Richmond County Courthouse on Staten Island each handle cases from their respective boroughs. The assigned assistant district attorney will typically be from a specialized unit, and they come to these cases with significant experience. The defense response must be equally experienced and equally deliberate.

A common error people make in the early stages is communicating with the complaining witness directly or through third parties, believing they can resolve the situation informally. This almost always causes more legal harm than it prevents. Any such communication can be characterized as witness tampering or harassment and will deepen the legal exposure rather than reduce it. The same applies to oversharing on social media or with mutual acquaintances of the accuser. Silence, combined with active legal representation, is the appropriate posture during an ongoing investigation.

Why the Law Offices of Jason Goldman Handles These Cases Differently

Jason Goldman started his legal career as a prosecutor in Brooklyn, where he tried serious felony offenses and developed a detailed, firsthand understanding of how the government builds its cases. That prosecutorial background is directly applicable when defending against statutory offense charges, because the question is not just what the defense will argue but how the prosecution thinks, what evidence they prioritize, and where their cases are most likely to carry weakness. Having tried more than 25 cases to verdict across the full spectrum of criminal charges, Mr. Goldman brings courtroom trial experience that is specific and substantive, not theoretical.

High-profile cases handled by the firm have drawn coverage from outlets including the New York Post, Fox 5, and WABC. The Chelsea News described Mr. Goldman’s practice as having “a history of getting high-profile defendants off,” and the New York Post has called him “High-Powered.” These are not casual assessments; they reflect a track record in cases where public attention adds a layer of complexity that most defense attorneys are not equipped to manage. A statutory rape accusation almost invariably becomes a reputational matter as well as a legal one, and Mr. Goldman’s practice is designed to address both dimensions simultaneously.

For individuals whose cases carry public attention, Mr. Goldman taps a trusted network of public relations professionals, crisis communications specialists, and influential advocacy contacts to control the narrative strategically when that serves the client’s interest, and to keep clients entirely out of the spotlight when discretion is the wiser approach. The decision about how to engage the media, or whether to engage it at all, is itself a strategic one that Mr. Goldman navigates with care. He is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the New York City Bar Association’s Criminal Courts Committee, giving him current visibility into the standards and developments shaping how these cases are handled.

Questions About Statutory Offense Charges in New York

What is the age of consent in New York?

The age of consent in New York is 17. Sexual conduct with a person under 17 can result in criminal charges depending on the specific acts involved and the age of the person accused. The specific charge and its severity depend on the combination of ages and the nature of the alleged conduct.

Does it matter if the younger person initiated the encounter or claimed to be older?

New York’s age-based offenses are largely strict liability on the issue of age. The complaining witness’s consent, who initiated contact, and even a reasonable and honest mistake about the person’s age are generally not recognized as complete defenses to the core age-differential charges. This is one of the most important distinctions between statutory offenses and other sexual offense categories, and it affects the entire defense strategy.

Can a statutory rape charge in New York be reduced or dismissed?

Yes. Like all criminal charges, these cases can be resolved through dismissal following a legal challenge, through negotiated plea dispositions to lesser charges, or through acquittal at trial. The pathway to any of those outcomes depends heavily on the specific facts, the quality of the evidence, the jurisdiction, and the defense strategy employed. Cases where digital evidence is weak, the complaining witness’s credibility is in question, or the prosecution’s theory has factual gaps are particularly amenable to challenge.

What happens at the SORA hearing after a conviction?

A SORA hearing determines the sex offender risk level, which governs the duration and scope of registration requirements and community notification. The risk level is not automatic; it is assessed based on statutory factors and can be contested at the hearing. Advocacy at the SORA stage is a distinct discipline, and the outcome of that hearing has lasting consequences for where a person can live, work, and travel. Mr. Goldman’s practice includes representation at this post-conviction stage.

If I have not been arrested yet but believe I am under investigation, what should I do?

Retaining counsel immediately is the single most important action available at this stage. An attorney can communicate directly with investigators and prosecutors, assert your rights, evaluate what evidence may already exist, and in some cases engage the DA’s office before a charging decision is made. Do not answer questions from law enforcement without counsel present, even informally. Statements made before an arrest are fully admissible and often become the most damaging evidence in the eventual prosecution.

Does a statutory rape accusation automatically lead to an arrest?

No. Law enforcement and prosecutors investigate before deciding to arrest or present a case to a grand jury for indictment. The gap between a complaint being made and an arrest being executed is often the most actionable window for pre-arrest legal intervention. That window may be short, which is why prompt retention of a New York City statutory rape attorney matters.

Can a teacher, coach, or other person in a position of authority face additional charges?

Yes. New York law includes separate provisions targeting sexual conduct between individuals in positions of supervisory authority over minors in educational or institutional settings. These charges do not require the same age thresholds as the standard statutory framework and can be filed even where the parties are relatively close in age. These provisions are prosecuted vigorously in New York City, particularly in cases involving school employees, coaches, and youth program staff.

How do digital communications factor into these cases?

Substantially. Text messages, direct messages on social media platforms, photographs, and video recordings are often the primary evidence in these cases. Law enforcement regularly obtains warrants for device contents and platform data early in an investigation. The defense must independently analyze what that digital evidence actually shows, how it was obtained, and whether the search warrants and subpoenas that produced it were constitutionally valid. Suppression of unlawfully obtained digital evidence has been dispositive in numerous cases of this type.

What professional license consequences follow a statutory offense conviction in New York?

The consequences vary by profession but are routinely severe. Teachers lose their state certification automatically. Medical professionals face licensing board proceedings before the Department of Health. Attorneys face mandatory discipline from the grievance committee of the Appellate Division. Financial professionals licensed by FINRA or the SEC face disqualification. A conviction does not have to result in incarceration to end a career, which is why the defense strategy must account for these parallel consequences from the outset, not as an afterthought.

How does a federal statutory sex offense charge differ from a state charge?

Federal charges arise most often in cases involving interstate travel or transport, use of electronic communications across state lines, or production and distribution of visual material involving minors. Federal prosecution is handled by the U.S. Attorney’s Office for the Southern or Eastern District of New York, and cases proceed in federal district court under the Federal Rules of Criminal Procedure. Federal sentencing guidelines for these offenses are distinct from state sentencing and frequently result in longer minimum exposure. Defense in federal court requires experience specific to the federal system, including an understanding of how the guidelines work and how the sentencing judge will apply relevant statutory factors.

Is it possible to expunge or seal a conviction for a statutory offense in New York?

New York’s sealing statute, enacted as part of criminal justice reform, generally excludes sex offenses from eligibility. A conviction on a statutory offense under Article 130 of the Penal Law is not eligible for sealing under current New York law. This makes avoiding conviction, through dismissal, acquittal, or a plea to a non-qualifying charge, significantly more important in these cases than in categories where post-conviction relief is available.

Representing Clients Across New York City and the Surrounding Region

The Law Offices of Jason Goldman represents clients facing statutory offense charges throughout New York City and the broader metropolitan region. In Manhattan, the firm serves clients from Midtown and the Upper East Side through Greenwich Village, Harlem, Washington Heights, and Inwood. In Brooklyn, representation extends across Williamsburg, Park Slope, Crown Heights, Flatbush, Bay Ridge, Bensonhurst, and Canarsie. The Bronx caseload includes clients from Riverdale, Fordham, Mott Haven, and Co-op City, while Queens cases have come from Flushing, Jamaica, Forest Hills, Astoria, and Far Rockaway. Staten Island clients from St. George, Tottenville, and Great Kills have also been served. Beyond the five boroughs, the firm handles matters in Nassau and Suffolk Counties on Long Island, Westchester County communities including White Plains, Yonkers, and New Rochelle, and Rockland County. Federal cases in the Southern and Eastern Districts of New York represent a consistent and substantial part of the firm’s docket. Where appropriate, Mr. Goldman also accepts representation pro hac vice in jurisdictions beyond New York for matters of sufficient significance.

New York City Statutory Rape Attorney Consultations Are Confidential

A statutory rape accusation demands a response that is as strategic as it is immediate. At the Law Offices of Jason Goldman, every engagement begins with an honest assessment of where the case stands, what the realistic options are, and what a defense must accomplish at each stage to protect the client’s future. As a New York City statutory rape attorney with a background in prosecution and a record in high-stakes trials, Mr. Goldman provides the kind of representation that accounts for everything: the courtroom, the public record, and the professional and personal consequences that extend long after a case concludes. Contact the firm today to schedule a confidential consultation and begin understanding your position.