Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
Statutory rape is sexual intercourse or sexual relationship involving an adult and minor. The person is considered a minor because they are below the age of consent. The term “age of consent” refers to the age a person can legally have sex without violating state law. The age of consent varies from depending on the jurisdiction. In most states, the age of consent is 16 years old. However, in other states an individual 17 or 18 years old may be of age to consent to engaging in sexual relations with an adult.
Statutory Rape Doesn’t Include Force
The difference between statutory rape and rape is the use of force and consent. Rape is defined as forcing another person to engage in sexual intercourse without their consent. Statutory rape doesn’t involve forcing a minor to engage in sexual relations. The minor may freely consent or pursue the adult. However, the minor, because of their age, cannot give legal consent to participate in any relationship with a person older than they are.
Penalties for Statutory Rape
The specific penalty for statutory rape depends on the jurisdiction. In general, the crime can be a misdemeanor with the penalty of about one year in county jail. In another jurisdiction, it may be a high-level felony. A felony has the penalty of years in state prison.
Factors will determine the level of the statutory rape offense. The first is the age of the victim. For instance, if the minor is 12 years old, the penalty may be higher than if they were 15 years old.
The second factor is the age difference between the minor and adult. Sometimes the accused is considered an adult, but they may be a minor too. This often happens when two individuals attend the same high school and they enter into a relationship. For instance, a 17 year old junior dating a 15-year-old freshman is considered an adult and can be accused of statutory rape. When determining the level of the offense, their closeness in age will be considered.
Other factors such as any prior sex convictions, drug use in the relationship and pregnancy that results from the relationship are considered in whether it is a felony or misdemeanor.
Besides jail or prison time, other penalties for a statutory rape conviction includes fines, probation and mandated treatment. Some jurisdictions require the offender to register as a sex offender.
Statutory Rape Used to Have No Defenses
The term “statutory” refers to the accused being strictly liable for their actions. This means they should have known the individual was underage prior to entering a relationship with them. Thus, the person accused of statutory rape was automatically guilty. It didn’t matter if the minor pursued them or pretended to be older than their true age. The accused was responsible for finding out their true age and staying away from the minor.
However, in some jurisdictions, a limited number of defenses are available to prove a person’s innocence in a statutory rape case.
Consult a Defense Attorney Regarding Your Statutory Rape Case
Some states now allow a defendant to use the defense of not knowing the true age of the minor. Another defense is the “Romeo and Juliet” defense which contends that both individuals were underage at the time of the relationship. Thus, they accused can’t be convicted. The defense can eliminate the charge or lessen the severity of the penalty.
It is important to talk with a criminal defense attorney about the possible defenses in their jurisdiction. The attorney will also determine the best way to get the statutory rape charge dropped or fight it in court.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.