7-year-old charged with rape, lawyer calls it ‘absurd’

BRASHER FALLS, N.Y. (WWNY) – A 7-year-old boy from Brasher Falls has been charged with rape.

State police didn’t release much information, but said the unidentified child was charged with third-degree rape on March 23.

Troopers say the incident was reported on Thanksgiving.

The child was cited and released. The case will be handled in Family Court.

Police say the investigation is continuing.

We spoke with a New York City attorney, who is with a group that handles youth defense cases.

“Instinctually, it shouldn’t happen that a 7 year old – I don’t think you even could really realize what you’re doing at 7 years old. So I think it’s absurd to charge a 7 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,” said Anthony Martone, Queens Defenders, felony youth defense unit director.

He said it appears the boy is being charged as a juvenile delinquent. A bill pending in Albany would change the minimum age for being charged as a juvenile delinquent from 7 to 12.

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