Third-degree rape is a class E felony in the state, meaning it can carry sentences of up to 4 years in jail or no jail with probation.
Trigger Warning: This article contains details of rape and abuse that may be disturbing to readers
In upstate New York, a 7-year-old boy has been charged with rape in connection to an incident that took place around Thanksgiving last year, according to a report on Tuesday. The boy comes from the town of Brasher Falls close to the Canadian border and was taken into custody by state police after a report was filed on November 26, 2020, the New York Post reported. Not many details have been released by authorities given the sensitivity of the case and the boy being a minor. The child was charged with third-degree rape last month, the report said. He was released after being arrested and will be tried in Family Court.
Under the New York penal code, a person is guilty of rape in the third degree when they engage in sex without the other person’s consent — whether or not they were in a position to give it — and are 21 years old or more and have had sex with someone under the age of 17. Third-degree rape is a class E felony in the state, meaning it can carry sentences of up to 4 years in jail or no jail with probation. New York Post cited an attorney handling youth defense cases in Queens, who called the case "absurd." "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," Anthony Martone told location station WWNY, an affiliate of CBS.
Many youthful sex offenders are victims themselves and are acting on learned behavior from their abusers. Since the details of the case are sparse , don’t condemn the State Police for doing their duty. The incident came to their attention and they had to follow the evidence. Sad— Joseph Bonner (@Bloodhound1013) March 31, 2021
"They’d have to prove he actually physically committed this act, which to me it almost seems to be an impossibility," Martone added. The child had been charged as a juvenile delinquent, a case where a child over the age of 7, but under 18 years is involved in an act that would be considered a crime had it been committed by an adult. However, a bill pending in capital Albany could change that definition and raise the minimum age of that to 12 years of age, from 7. There are no more details available regarding the case, nor about the victim. People, however, expressed their opinions about this matter via social media, and here are some of those comments from Facebook.
I work in child protection and certain kids who have been sadly exposed to sexual abuse are definitely presenting with these sexualised behaviours at 7,8,9 and 10. It’s shocking and you are in disbelief at how kids of these ages, are so rehearsed in these behaviours— Anonymous 🇦🇺 (@MissMich66) March 31, 2021
John Junior wrote: 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. Faarooq Fadl Ullah shared: A lot more info is needed to really form an opinion about this. However, you can't 'accidentally' rape someone so depending what actually happened, 7 years old or not, something is very wrong. Joseph Spicciatie stressed: 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.
Pray for them both. What is happening to this boy behind closed doors at home? He could be acting on learned behavior, not knowing what it means, simply because he thinks it's normal and that everyone does it.— Vanessa Turner (@ScottsMom2001) March 31, 2021
In another shocking incident, an infertile mother let her boyfriend rape her daughter, 10, because she wanted to have another baby with the man but was unable to do so as she was infertile. The mother, who has only been identified by her first name Angelica, had allegedly asked her young daughter whether she could "borrow her belly." The crime is believed to have taken place at a farm located in Jalisco, Southwestern Mexico on September 22, 2014. The daughter confided in her aunt about what had happened, who thankfully decided to file a complaint with local authorities. You can read more about it here.