The Brasher Falls resident was arrested by state police in connection with an incident that happened on Thanksgiving. Anthony Martone, an attorney from Queens, called the case “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,” Martone said. “So I think it’s absurd to charge a seven-year-old with rape. They’d have to prove he actually physically committed this act, which to me it almost seems to be an impossibility,”
Martone added that the boy will likely be charged as a juvenile delinquent, but a bill pending in Albany would raise the age threshold for that charge from seven to 12.
The boy has been released and will reportedly face his third-degree rape charge in Family Court.