Statutory Rape Attorney in Rochester, NY

Former Prosecutors Defending Age-Based Sex Offense Charges in Monroe County

When you’re facing a statutory rape investigation or charge in Rochester, the decisions you make in the first hours matter enormously. At DeCarolis Defense, we represent clients throughout Monroe County in age-based sex offense cases under New York Penal Law Article 130. Our attorneys, James Nobles and Brian DeCarolis, are former prosecutors who understand exactly how the state builds these cases because they’ve built them. That background gives us a clear view of where investigations are vulnerable and where a defense can be strongest.

In some cases, we’ve been retained before an arrest was ever made and prevented clients from being charged at all. If you’re under investigation right now, don’t wait to find out whether charges are coming.

Call DeCarolis Defense at (585) 639-3111 for a free consultation. The earlier we get involved, the more options may be available.

How New York Law Charges Statutory Rape

New York Penal Law doesn’t use the term “statutory rape” as a formal charge. It’s the colloquial label for age-based sex offenses prosecuted under Article 130 of the Penal Code, primarily through the rape statutes, which are tiered by the ages involved.

New York sets the age of consent at 17. Sexual activity with a person under that threshold can trigger felony charges regardless of whether both parties considered the conduct consensual. These offenses carry strict liability for the age element, meaning a defendant’s claim that they didn’t know the other person’s age isn’t a recognized defense under New York law.

The three degrees break down as follows:

• Rape in the Third Degree (Penal Law § 130.25): Applies when the defendant is 21 or older and the other party is under 17. A Class E felony carrying up to 4 years in prison.
• Rape in the Second Degree (Penal Law § 130.30): Applies when the defendant is 18 or older and the other party is under 15. A Class D violent felony with a mandatory minimum of 2 years and a maximum of 7 years. An affirmative defense is available where the defendant was less than four years older than the victim at the time of the act.
• Rape in the First Degree (Penal Law § 130.35): Applies when the victim is under 11, or under 13 and the defendant is 18 or older. A Class B violent felony with a mandatory minimum of 5 years and a maximum of 25 years.

What a Conviction Means Beyond the Sentence

The prison exposure alone is serious. But for many clients, the consequences that follow a conviction reshape their lives even after any sentence is served. A conviction for rape under Article 130 requires mandatory registration as a sex offender under New York’s Sex Offender Registration Act (SORA) and regular reporting to the Division of Criminal Justice Services.

SORA Registration & Public Registry Exposure

SORA assigns a risk level of Level 1, 2, or 3, which determines how broadly your information is published and who receives community notification. Under New York law, only Level 2 and Level 3 offenders appear in the public online directory. Level 1 offenders are registered, but their information isn’t publicly accessible online. For those in the public directory, available information can include your name, photo, address, and conviction details. Violent felony sex offense convictions under Penal Law § 70.02 can’t be sealed under New York law, so the record is permanent.

Collateral Consequences

Collateral consequences can include:

• Restrictions on where you may live
• Loss of professional licenses or employment
• Barriers to housing and rental applications
• Restrictions on child custody or parental rights
• Reputational harm that begins at the accusation stage, before any conviction

That last point matters. The damage from an accusation doesn’t wait for a verdict. Retaining a Rochester statutory rape attorney at the investigation stage gives us the ability to act before the public record of your case begins to form.

How We Build a Statutory Rape Defense

Because strict liability removes age knowledge as a defense, our focus shifts to the underlying facts: whether the conduct occurred, whether the ages are accurately established, and whether the prosecution’s evidence actually meets the standard of proof beyond a reasonable doubt. We don’t accept the state’s version of events. We conduct our own independent investigation, separate from law enforcement, and work with private investigators and expert witnesses where the case calls for it.

Defense strategies depend on the specific facts, but can include challenging the credibility or accuracy of the accusation, attacking gaps in the prosecution’s evidence, presenting alibi evidence, or raising a close-in-age affirmative defense where the facts support it. We also handle pre-trial motions to suppress unconstitutionally obtained evidence and protect your rights at every stage.

Statements you make to investigators before you have an attorney can be used against you. If law enforcement has contacted you or someone you know, stop the conversation and call us first.

Why Rochester Clients Choose DeCarolis Defense for Sex Crime Charges

Our prosecutorial backgrounds aren’t just a credential. They’re a practical advantage. James Nobles and Brian DeCarolis have seen how Monroe County cases are built from the inside, and they bring that knowledge to every defense we prepare. The firm is recognized among the Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys.

Our trial record in sex crime cases includes a Not Guilty verdict on Rape in the First Degree and multiple case dismissals. Those are past outcomes in specific cases, not promises about yours. What we can tell you is that we prepare every case for trial, negotiate with prosecutors from a position of strength, and have stepped in before charges were filed to prevent some clients from ever facing prosecution.

We offer upfront pricing with no surprise costs and begin every representation by listening to your story. We serve clients across Rochester and Monroe County.

Get a Free Consultation From a Rochester Statutory Rape Attorney

If you or someone you care about is facing a statutory rape charge or investigation in the Rochester area, contact DeCarolis Defense today. A free consultation costs nothing and can help determine what options may still be available to you.

Call us at (585) 639-3111 or reach out online to speak with a statutory rape lawyer in Rochester as soon as possible.