Statutory Rape Westchester Attorneys Ready To Fight For You

Statutory Rape Attorney in Westchester County

Former Manhattan Prosecutor. Two Westchester Offices. Direct Access to Your Attorneys.

A statutory rape charge carries consequences that reach far beyond the courtroom: potential prison time, a felony record, and mandatory registration as a sex offender. These cases move quickly, and the Westchester County District Attorney’s Office prosecutes them aggressively. At Riebling & Payton, PLLC, we defend clients facing these charges from two offices inside Westchester County, in Mount Kisco and White Plains, giving us direct, day-to-day familiarity with the courts where these cases are decided.

Our defense team is led by Stephen Riebling and Marcia Payton, who bring nearly 50 years of combined criminal defense experience. Marcia Payton’s background as a former Manhattan prosecutor gives us a specific advantage: she understands how the prosecution builds sex crime cases, what evidence they prioritize, and where their arguments are most vulnerable.

If you or someone you know is facing a statutory rape charge in Westchester County, contact us now at (914) 712-6878. We offer free initial consultations, after-hours appointments, and 24/7 availability.

How New York Law Defines Statutory Rape

New York’s Penal Law doesn’t use the term “statutory rape.” What most people mean by that phrase is charged under Article 130 as rape in the first, second, or third degree, depending on the ages of the parties. New York’s age of consent is 17. Anyone under 17 is legally incapable of consenting to sexual activity, regardless of what they said or did.

That last point matters. These are strict-liability offenses: the prosecution doesn’t have to prove you knew the other person’s age, and consent isn’t a defense. The three degrees work as follows:

Rape in the third degree (NY Penal Law §130.25): Defendant is 21 or older; victim is under 17. Class E felony, punishable by up to four years in prison.
Rape in the second degree (NY Penal Law §130.30): Defendant is 18 or older; victim is under 15. Class D felony, punishable by up to seven years in prison.
Rape in the first degree (NY Penal Law §130.35): Sexual intercourse with a child under 11, or under 13 when the defendant is 18 or older. Class B felony, punishable by up to 25 years in prison.

New York does not have a formal “Romeo and Juliet” law, but a limited close-in-age exception exists under certain circumstances. Under second-degree rape, an affirmative defense may apply when the accused is less than four years older than a victim who is 15 or older. This exception is narrow, doesn’t apply when the victim is under 15, and doesn’t assure dismissal. It may, however, reduce the severity of the charge or penalty.

Why Clients Facing These Charges Work with Riebling & Payton, PLLC

When you hire our firm, you work directly with Stephen Riebling and Marcia Payton. Your case isn’t handed to an associate. That direct access matters in sex crime cases, where the stakes are high and every strategic decision carries weight.

Marcia Payton’s prosecutorial background means we approach your defense knowing how the other side thinks. We’ve helped thousands of Westchester County and New York City residents achieve outcomes including dismissed charges, favorable plea agreements, and not-guilty verdicts at trial. Past results don’t assure the same outcome in your case, but they reflect the depth and experience we bring to every matter. Our attorneys have earned recognition from Super Lawyers, Avvo Clients’ Choice, New York Metro Top Attorneys, and Expertise.com.

We handle charges like these with the discretion and seriousness they require, keeping clients informed at every stage and involved in decisions that affect their lives.

Speak with a Statutory Rape Lawyer in Westchester County Today

Time matters in these cases. The sooner we can review the evidence, preserve relevant records, and advise you on what not to say to investigators, the stronger your starting position can be. Early contact with a statutory rape attorney in Westchester County can protect your rights before the prosecution’s case hardens.

We serve clients throughout Westchester County from our offices in Mount Kisco and White Plains, and we travel to New York City and the Bronx when clients need us there. Consultations are free, appointments are available after hours, and someone is reachable around the clock.

Call Riebling & Payton, PLLC at (914) 712-6878 to schedule your free consultation.

What a Conviction Means Beyond Prison Time

A conviction under Article 130 in New York almost always triggers mandatory registration as a sex offender under the Sex Offender Registration Act (SORA). SORA registration is public: anyone can search the registry, and the information affects where a registered offender can live, what jobs they can hold, and how they’re perceived in their community for years afterward.

Beyond registration, a conviction can mean the loss of professional licenses, termination of employment, and severe restrictions on housing. Even an accusation, before any conviction, can damage relationships and professional standing. Acting quickly with qualified legal representation can limit the exposure a charge creates from the outset.

Defense Strategies in New York Statutory Rape Cases

Because consent isn’t a defense under New York law, the most effective strategies focus elsewhere. We examine whether the alleged conduct occurred at all, whether the prosecution’s evidence can withstand scrutiny, and whether law enforcement followed proper procedures in gathering it.

Challenging the Evidence

Many of these cases rest on digital communications: text messages, social media exchanges, or photos retrieved from a phone. If that evidence was obtained through an unlawful search, we can move to suppress it. Illegally seized digital evidence that is suppressed can fundamentally weaken the prosecution’s case. We scrutinize every step law enforcement took to gather and preserve evidence.

Raising Reasonable Doubt

The prosecution must prove guilt beyond a reasonable doubt. Where the evidence is limited to secondhand accounts or contested digital records, we work to expose inconsistencies and gaps. Alibi evidence, witness testimony, and location data can all support a defense of actual innocence when the facts warrant it.

The Close-in-Age Exception

A close-in-age affirmative defense may be available in limited circumstances: specifically, where the alleged victim is 15 or older and the accused is less than four years older. We evaluate carefully whether this applies to the facts of your case. It isn’t available when the victim is under 15, and we won’t misrepresent its scope to a client.

Plea Negotiations & Alternative Sentencing

Not every case goes to trial. Where a negotiated resolution serves a client’s long-term interests better than the risks of trial, we pursue that path. Our familiarity with how the Westchester County District Attorney’s Office approaches these cases shapes how we negotiate.

What to Do After an Accusation or Arrest

The steps you take immediately after an accusation or arrest affect the strength of your defense. Several things matter most in the early hours and days:

Don’t speak to law enforcement without an attorney present. Anything you say can be used by the prosecution. Invoke your right to counsel immediately.
Contact a defense attorney before your arraignment. The arraignment is your first court appearance, where bail is set and charges are formally presented. Having representation there matters.
Don’t contact the alleged victim or their family. Doing so risks additional charges, including witness tampering or violation of a protective order.
Preserve any evidence that supports your defense. This includes communications, location records, and the names of potential witnesses. Share everything with your attorney.

What Sets Us Apart

Award-Winning & Peer Recognized
Experience, Insight, and Results over a Combined 5 Decades of Practice
Former NYC Narcotics Prosecutor
After Hours Appointments with 24/7 Availability
Free Initial Consultations
Westchester's Foremost Criminal Defense Trial Attorney

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