One lawyer called the case “absurd”.
A seven-year-old boy has been charged with rape in upstate New York.
The unidentified minor was charged with third-degree rape — a felony — by state police on Tuesday, according to WWNYTV.
Details on the incident are scant; but troopers say the sex offense complaint was made the day before Thanksgiving of last year. The alleged victim’s age is unknown.
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The child, from Brasher Falls, was cited and released; police say the investigation is ongoing.
The case will be handled in Family Court.
Anthony Martone, felony youth defense unit director with Queens Defenders, told the outlet that the case is “absurd”.
“Instinctually, it shouldn’t happen that a seven-year-old – I don’t think you even could really realize what you’re doing at seven years old. So I think it’s absurd to charge a seven-year-old with rape,” he said.
“They’d have to prove he actually physically committed this act, which to me it almost seems to be an impossibility.”
It appears the boy is being charged as a juvenile delinquent, he said.
There is currently a bill pending in Albany that would increase the minimum age to charge a juvenile delinquent from 7 to 12.
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