Hey Sup Forums I've got a pretty serious question...

Hey Sup Forums I've got a pretty serious question. If I had a consensual incestuous relationship during adolescence with my niece (she's currently blackmailing me) and she tells law enforcement that the relationship wasn't consensual, but I prove that it was, would I still be faced with incest charges? I am older, but the gap is only a few years and I was around 12 (sexually confused) and since then we terminated our relationship after only a few sexual acts. We live in New York.

Nervous bump

I guess I'll post gifs until someone responds or this thread dies

Is... incest a crime in new York? Or you just worried about rape allegations?

I highly doubt that a DA would choose to pursue charges against you for something that is (relatively) normal at that age. What proof does she even have that this went down? Don't say shit, stop talking to her, do not admit to the relationship. If cops show up at your door, ASK FOR A FUCKING WARRENT. IF THEY DO NOT HAVE ONE, IMMEDIATELY STOP TALKING TO THEM. ONLY ASK FOR A WARRENT. IF THEY HAVE A WARRENT, COMPLY PEACEFULLY AND DO NOT SAY ANYTHING!

You would need to check the statute of limitations in your state for incest and possibly rape.

Well... youre fucked. Break all ties and dont admit to anything. Dont know how long ago this was but im sure theres a statute of limitations on this

Go and fuck her some more.

Really wanna help but I'm not a lawyer so I can't say anything for sure.

If you can prove it was consensual, you're not in trouble.

Also I read in a recent thread that if that thing happened 7 years ago it can't be used in court.

Really advice seeing a lawyer though.

Unless she's got pictures of you two doing the dirty she has no proof. Just deny and call a lawyer.

Well she is pushing for a rape charge and since we were both under the age of consent, i don't know if it counts as consensual in terms of law. But I wanted to know that even if I do prove that it wasn't rape through a lie detector test or some other method, would I still get thrown in jail for confessing to an incestuous, albeit consensual, relationship.

Can't sue you if you sue her first
>insert dank meme

lie detectors aren't truly admissible in court.

Minors cannot give consent. You were also a minor. There is nothing to worry about OP, BUT STILL DO NOT ADMIT TO ANYTHING

1. is incest illegal where you live between uncles and nieces?
2. keep your mouth shut and deny everything

Mum is the word. Say nothing. Refuse to even acknowledge it to her. Realize that she could be recording any conversations you have - even in person. Don't talk to cops.

That is also true. I guess there is hope for me. I just have to live with the fact soon either way my family would find out, and even though I truly regret the whole relationship (I was just a horny adolescent I didn't think things through) my family isn't the forgiving type and my brother (her father) is definitely gonna kill me. It's going to be hard convincing my family that it was consensual given the fact that I'm probably the black sheep of the family and shit. Well, I guess I have to focus on staying out of jail before worrying about family issues. Thanks Sup Forums for giving me some hope!

She literally cannot prove a single thing unless she has it fucking recorded or some shit. Don't deny that you had a relationship, since if they find out it would be worse for you. Two questions:
1. What were BOTH of your ages?
2. How old are you both now?

Here's what you need to do user. Assuming the DA would intend to press charges.

Step 1: Stop talking to your niece across the board. Anything you text or email her can be subpoenaed by the DA or police and used as evidence against you. If she continues to pester you, consider filing a claim/counter-claim against her should the situation get out of control.

Step 2: Do not admit to the relationship. Do not try to prove that the relationship was consensual unless she has proven BEYOND ANY REASONABLE DOUBT that there was a relationship. Her saying something does not make it true.

Step 3: Don't talk to the police. If they show up at your door. Ask for a warrant. If they do not have one, tell them to be on their way and stop talking to them. If they do have a warrant, peacefully comply.

Step 4: If you are arrested or brought in for questioning. GET AN ATTORNEY. Until he/she is present, state the following to anything that they ask you: "I exercise my fifth amendment right against self-incrimination and refuse to respond until my attorney is present."

Once your attorney is present, if they ask you anything say: "On the advice of counsel, I exercise my fifth amendment right against self-incrimination and refuse to respond."

Step 5: Keep your mouth shut and deny everything. Do not file a counter-claim. Do not attempt to use a polygraph (they don't work). Do not accept a plea deal.

Last time we ever done anything sexual (we didn't fuck at all. Was basically just cunnilingus and dry humping) was in 2012 when I was 12 and she was 9. I am 18 and she is 15 now. The age difference is going to make it hard on me.

>2012
>12
>2017
>18

Wat

This seems like it'll work. That's what I'll do then.

Good luck, OP. Also, remember that you have legal power of attorney. Do not do anything your family tries to talk you into.

Out of curiosity, what is she blackmailing you for?

>we didn't fuck at all. Was basically just cunnilingus and dry humping
this is VERY important. There is no statute of limitations on rape in NY, HOWEVER any other kind of sexual assault has a statute of 5 years. So she has to prove a few things:
1. That the acts were non-consenual and were forced upon her
2. The fact that there was any penetration going on at all.

You're absolutely correct. I distinctly remember being 12 and her being 9. For some reason I guess I thought it had been 2012. The age is correct though.

This is very solid advice. You'll be fine, user.

Long story made as short as possible, She is living in my apartment along with her father and brother, I threatened to kick them out because of escalating problems with my brother and I, she came into my room and told me if I kick them out she's calling the cops on me for the above reasons.

Thanks. I got slammed with bullshit heroin possession charges (no, it was not mine) and simply repeated: "I exercise my fifth amendment right against self-incrimination and refuse to respond until my attorney is present." They just kept asking me for my dealer/supplier and being typical "good cop bad cop". I eventually threatened to sue them for "Intentional Infliction of Emotional Distress". These cops, in particular, backed off, but I do not recommend using that line on other cops as it is not a guarantee and may put you in a worse position.

I got an attorney and told him that a friend who previously used the substance likely had a relapse and hid it in my car. Since I was pulled over for a DUI checkpoint, I politely refused any searches. When they got the drug dog I noticed that they used a specific vocal command that is known for giving false "hits". The dog was watching the officer's hand the entire time. My attorney went to work, I continued to say nothing. He got the search and seizure thrown out as unconstitutional. I walked.

I went to my friend's house, chewed her ass out, punched her twice, and told her to never talk to me again.

Again thanks for the help. Ever since she threatened me, I have been so nervous. I'll wait a few more years as to go beyond the statute of limitations as far as possible until I can't wait anymore and then take action against my brother.

dude, everything anons are saying is usefull if the sexual act happened for example when you where 18 or more and she was still underage, if all that shit happened while you both where underage, nothing will lead you to jail, even if she proved there was sexual intercourse, just calm the fuck down, you where two lillte kids, 12 and 9, you are not going to jail

Just don't renew your lease

This is actually Excellent advice. The same framework should be followed if one is charged with a crime.

I understood that the sexual charges may not apply, but Incest and sexual assault are treated differently in New York so I wanted to know that if I win against the rape charges, would incest charges bite me in the ass.

Source of gif.?

incest is a crime in NY even if you both are underage? sorry, didn't know that, i'm not american, it just seemed ridiculous to me but it may not be

I actually want to take him to court. We had a written agreement that he is to pay 1/3rd of rent and light bills, but he frequently does not pay. When I confronted him things escalated and I threatened to kick him out, and that's when my niece came out with the threat.

IT'S SPELT JEW YORK NOW GOY! GET IT RIGHT!

Yeah incest can land you between 10 to 25 years in NY and I value my freedom :(

You can't be charged. Incest laws anywhere don't apply; you were minors. The police probably won't even waste their time with this.

Kick those freeloaders out and tell your family she's making it up for a free ride in your home if there's no evidence.

>incest charges
that's a thing ?

>TL;DR - I got off on heroin charges and committed domestic abuse immediately after.

If I were in your situation I'd tell her you'd let them stay if you can fuck her.

Assuming your niece is as hot as mine, though.

LMAO

The first punch was to get her off of me. She was being all grabby trying to stop me from leaving or finding her drugs. I actually intended to strong-arm her back into rehab because she was a good friend and I had been helping her out financial (drug charges made it hard for her to get good jobs). She started threatening to tell the police those were my drugs. The case was closed so that wouldn't do anything, but the fact she threatened to do so meant she wasn't nearly as good a friend as I thought. So I punched her in the arm to get her to leg go of me. Could be easily argued as self defense.

She went into a rage and started cussing at me. I punched her in the stomach to shut her up. That one was definitely unnecessary, but to be sure she didn't do anything I told her "I got off on drug charges when I actually had drugs, I can easily get off this as self-defense". I never said she was smart, because I only heard from her once after that she was sorry and she was going to change and typically junkie bullshit. I blocked her number and that was that.

This is all pretty fucked up OP, but there is literally nothing that can come of this other than your embarrassment and shunning if you acknowledge that it ever happened. Otherwise, deny, deny, deny, and it will be her that it looked at as the crazy person. Just don't let your nerves give you away and you'll be fine. Even if you go full retard and mention it, there isn't anything that the law is going to do, you were 12 for fucks sake.

Absolutely this. I'm a lawyer btw.

If shes gunna accuse you of rape you may as well actually rape her and get your money's worth.

But in all seriousness, if you were 12 I can't see it being an issue.

What is she blackmailing for? What does she want?

Bump.

statute of limitations statute of limitationsstatute of limitationsstatute of limitationsstatute of limitationsstatute of limitationsstatute of limitationsstatute of limitationsstatute of limitations

Anyone who gets mad is just jelly you got that prime pussy first.

wot? Tell her to fuck right off and that you'll cut her fucking head off if she tries to pull any more bullshit.

>getting pushed around by a little girl

Pathetic, tbh fam.

Statute of limitations only starts when she turns 18. She is currently 15. Once she's 18 she has 5 years to charge me, but before she can charge me anytime. I am back to being afraid

Kick her out you pussy loser. Just kick her out and deny any wrong doing. Jesus christ man.

I value my freedom. A threat like that by a girl who is too immature to understand the significance of what could happen and is pushed into a corner isn't one I can brush off. Our relationship is very rocky and I just wanted to know if when shit hits the fan will I get my ass beat by the law for something I did way too long ago, or would I be able to just get away and at most just be shamed by my parents and family (something I can deal with)

Better yet ask if they have a WARRANT instead.

Youll probably be alright since she probably has 0 proof. However you should probably speak to a lawyer if she does tell the police. If you get a decent one s/he should be able to win the case for you

Pro tip: they dont need any proof all they need to do is get her in front of a jury and you're fucked

>turn on phone audio recorder
>talk to her (DON'T ADMIT TO A DAMN THING, OR EVEN IMPLY IT)
>"so basically, you're going to lie and say I raped you if I kick you guys out?"

If she's a cocky little cunt like I think she is, then she'll be like "damn straight". Bam, innocence proven along with her guilt.

Blackmail is a crime too.

If she had no proof just deny everything your word against hers and teen girls lie all the fucking time for attention.

Incest is a felony in new york. As for sexual assault the statute of limitations is 5 years but that doesn't start until the victim turns 18. Rape can be fully exempt from limitation.

Lawfag here from NY

Assuming that the furthest you guys got was oral, the charge would be first degree criminal sexual act. It's a class B felony, 5 year minimum, 25 maximum.

If penetration was involved, it's first degree rape, 5 year minimum, 25 year maximum. Both charges land you on sexual predators list.

If you ever discussed this online, and there is proof of you admitting guilt, you're fucked. In that case, and assuming your lawyer can't get the evidence thrown out for whatever reason, take the plea bargain. If you deny it, and try to fight it, they'll likely throw the book at you.

Due to it being a criminal case, the prosecutor will need to prove to a jury beyond a reasonable doubt that you committed the act. Text based affirmation of the crime will be substantial enough to do that. Your lawyer will have to try to discredit the plaintiff.

If cops show up, say nothing, and don't go with them without a warrant SIGNED BY A JUDGE. Say nothing other than you would like a lawyer present if the warrant is there. Say nothing in holding to your lawyer until the cops leave the room.

No trolling here, you're probably fucked.

flimsy with a lot of room for error if OP spergs out

anything he tries will have room for error if he spergs out. If he does that, then he just fucked himself.

If you are giving her hush money, and she has proof that you are giving hush money, that could be a problem. Innocent people never pay