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Outrage Erupts Over An Absurd Case Where A 7-YO Boy Was Charged With 3rd-Degree Rape In New York

Outrage Erupts Over An Absurd Case Where A 7-YO Boy Was Charged With 3rd-Degree Rape In New York

"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."

Trigger warning: This article contains details of rape and abuse that may be disturbing to some readers

In a shocking and horrific incident, a 7-year-old has been charged with rape. The incident pertaining to the charges took place around Thanksgiving in 2020. According to the New York Post, the boy from the town of Brasher Falls, located close to the Canadian border was taken into custody after a report was filed against him on 26 November 2020. Consequently, the child was charged with third-degree rape in March 2021. The reports stated that the child was later released. He is awaiting his trial at the family court. Meanwhile, more details relating to the case have not been released factoring in the sensitivity of the case and the age of the minor. 



 

Anthony Martone, a New York attorney handling youth defense cases in Queens called the case "absurd." As per the New York law, a person charged with third-degree rape has had nonconsensual sex with the other person regardless of whether the other person was in a position to give it or not. The law also states the one guilty of rape maybe twenty-one years or more and has had sex with a minor under the age of 17. Being a class E felony, if convicted, a person can face up to 4 years in prison or no jail with probation. 

"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," said Martone, alluding to the charges on the 7-year-old, according to WWNY, an affiliate of CBS. He continued, "They’d have to prove he actually physically committed this act, which to me it almost seems to be an impossibility."



 

The case astonished many online. People commented on the incident through various social media platforms. "When children commit these sort of acts, they tend to be acting out the abuse that was done to them. They should get him some therapy to figure out where he learned that behavior from," wrote one on Facebook. Another stated, "A crime is a crime child or not. The girl who was raped is a Victim. A Judge will decide how the boy gets help and the parents need to be investigated. This boy may have been abused."



 

One commentator wrote, "A lot more info is needed to really form an opinion about this. However, you can't 'accidentally' rape someone so depending on what actually happened, 7 years old or not, something is very wrong."

References: 

https://nypost.com/2021/03/30/7-year-old-new-york-boy-charged-with-rape/
https://www.nysenate.gov/legislation/laws/PEN/130.25#:~:text=3.-,He%20or%20she%20engages%20in%20sexual%20intercourse%20with%20another%20person,other%20than%20incapacity%20to%20consent
https://www.wwnytv.com/2021/03/29/year-old-charged-with-rape/
https://www.facebook.com/NYPost/posts/10166928816305206