NY - Boy, 7, charged with rape, Brasher Falls, 23 March 2021

[LadyL]

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.

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

 

[GoBuckeyes]

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.

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

Oh, my!

 

[GoBuckeyes]

Since it's being handled in family court, does that indicate that the other child, or victim, is a likely a sibling of the 7 year old?

How is third degree rape defined? If it includes digital penetration, it's not physically impossible, as the lawyer said. But, I do wonder if he understood the significance of his actions or if intent could be formed.

A 7 year-old would certainly not be safe housed with older, incarcerated youths. Would he have a record as a sex offender?

This really boggles the mind.

 

[LadyL]

Since it's being handled in family court, does that indicate that the other child, or victim, is a likely a sibling of the 7 year old?

How is third degree rape defined? If it includes digital penetration, it's not physically impossible, as the lawyer said. But, I do wonder if he understood the significance of his actions or if intent could be formed.

A 7 year-old would certainly not be safe housed with older, incarcerated youths. Would he have a record as a sex offender?

This really boggles the mind.

I don't know any of the answers and I don't even think I wanna know. Obviously this kid has been abused himself if he's assaulting someone else. Man, what a terrible situation for everyone involved. I hope the victim(s) can eventually heal.

 

[Eloise]

Yikes, the concept of a 7yo being held accountable for a crime is really disturbing. If anyone's accountable it would be whoever was his guardian at the time.
I note that it's proposed that the minimum age for criminal responsibility in the state is 7 now but it's proposed to make it 12... much more appropriate

 

[al66pine]

NY Statute, Rape in 3rd Degree

....How is third degree rape defined? ...

@GoBuckeyes sbm bbm You asked, so --->
Section 130.25 Rape in the third degree
"A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the third degree is a class E felony." bbm
^ Rape in the third degree

Per statute* "Sexual intercourse" has its ordinary meaning and occurs upon any penetration..."

Appears imo from Rape in Third Degree charge, boy is not being charged w oral sexual conduct, anal sexual conduct, or inserting foreign object, or a lesser offense of other sexual conduct, as those are defined below.** my2cts, could be wrong.


____________________________________________
* Section 130.00 Sex offenses; definitions of terms
" The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight...."
2. defines oral sexual conduct, anal sexual conduct,
3. "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed...."
"9. "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
"10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
"11. "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child."
** Sex offenses; definitions of terms

** Section 130.05 Sex offenses; lack of consent
"2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or..."
"3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless; or..."
Sex offenses; lack of consent

Or see: 2016 New York Laws :: PEN - Penal :: Part 3 - SPECIFIC OFFENSES :: Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION :: Article 130 - (130.00 - 130.96) SEX OFFENSES

 

[Doghairrules]

This makes zero sense to me. A 7 year old can’t form intent and it is more likely he may have done something that has been done to him. I don’t understand charging him.

 

[Knox]

This makes zero sense to me. A 7 year old can’t form intent and it is more likely he may have done something that has been done to him. I don’t understand charging him.

I definitely need details in order to form an opinion. But on first blush, I'm alarmed at the charge.

Crimes Committed by Children Between 7-18
Starting at age seven, children can be brought to court if they are accused of committing a crime. Where the case is handled and how the child is treated depends on a number of factors including the child’s age, intent and past record. Youth who are accused of committing crimes fall into three categories: Juvenile Delinquent, Juvenile Offender, and Adolescent Offender.

Juvenile Delinquents
A Juvenile Delinquent is a child over 7, but under 18 years of age (effective 10/1/19), who commits an act that would be a crime if it had been committed by an adult. Juvenile offenders, who are 13, 14, and 15 years of age, are not considered Juvenile Delinquents. Cases involving Juvenile Delinquents are handled in Family Court. Juvenile Delinquents do not go to adult jails. Instead, the court decides if they need supervision, treatment or placement through the local department of social services or the New York State Office of Children and Family Services. Juvenile Delinquents do not have criminal records. Family Court proceedings are confidential and in some instances the cases can be sealed.
Crimes by Children | NY CourtHelp

 

[al66pine]

Rape. Intent?

....But, I do wonder if he understood the significance of his actions or if intent could be formed.... This really boggles the mind.

@GoBuckeyes sbm bbm You raise a good question. Not drawing conclusions about what specifically did or did not happen in this case, speaking gen'ly.

It's conceivable a 7 y/o boy could engage in the physical act of sexual intercourse (per NY statute cited in above post,
"its ordinary meaning" and w "penetration, however slight") w'out person's consent.

Could he have acted with intent necessary to be criminally liable? IDK.

 

[al66pine]

I definitely need details in order to form an opinion. But on first blush, I'm alarmed at the charge.
Crimes Committed by Children Between 7-18...
Juvenile Delinquents
A Juvenile Delinquent is a child over 7, but under 18 years of age (effective 10/1/19), who commits an act that would be a crime if it had been committed by an adult. Juvenile offenders, who are 13, 14, and 15 years of age, are not considered Juvenile Delinquents. Cases involving Juvenile Delinquents are handled in Family Court. Juvenile Delinquents do not go to adult jails. Instead, the court decides if they need supervision, treatment or placement through the local department of social services or the New York State Office of Children and Family Services. Juvenile Delinquents do not have criminal records. Family Court proceedings are confidential and in some instances the cases can be sealed.
Crimes by Children | NY CourtHelp

. @Knox bbm sbm Thank you for your post, quote w. link, helping us understand possible outcomes in NY.
Absolutely agree w you, that to form reasonable opinions, we would need more much, much more info about the events. Info that will not be released to gen public.

 

[Knox]

. @Knox bbm sbm Thank you for your post, quote w. link, helping us understand possible outcomes in NY.
Absolutely agree w you, that to form reasonable opinions, we would need more much, much more info about the events. Info that will not be released to gen public.

Welcome! You're correct, we won't know anything that happens in Family Court. Which is frustrating since we were told he was charged.

 

[Gibbo214]

This is really disturbing.

 

[Laughing]

Child advocates call for reform after Brasher Falls 7-year-old is charged with rape

Insight, apparently no new information?

Odd all around.

 

[al66pine]

Does sexual or non-sexual crime make a difference?
Look at hypo w a non-sexual offense: a 7 y/o, strikes, hits, punches, and/or beats victim w his bare hands. Or w a baseball bat. And leaves victim permanently blind in one eye or deaf in one ear. Or both.

How should our crim justice system address his actions? By saying -
- to the 7 y/o accused.
a) You're facing charges as a juvenile delinquent. Per NY statute, court may order supervision, treatment or placement through local or state social services. You will not be placed in an adult jail, and this will not create a criminal record. Case may be sealed.
b) You get a pass, plain & simple. No consequences for you.

- to victim (and her parents).
a) Court may order supervision, treatment or soc serv placement for your juvenile attacker, etc.
b) Your attacker gets a pass because he was only 7 y/o, plain & simple. No consequences for him. Sorry, too bad about that blind eye or deaf ear. Or the rape.

Does it make a difference whether the 7 y/o's offense was sexual or non-sexual? I am grateful that neither the boy or the victim is my child. because I have no answers.

 

[Doghairrules]

I personally don’t think it makes a difference if it’s sexual or nonsexual in nature. I think any 7 yo that commits a serious offense needs treatment and an investigation should be done to figure out why the child did what they did. Abuse? Mental illness? Impulse control issues? Unusual level of stress? I believe a juvenile court should probably oversee to ensure follow up but I don’t believe the criminal justice system should otherwise be involved with a child this age.

 

[GoBuckeyes]

NY Statute, Rape in 3rd Degree
@GoBuckeyes sbm bbm You asked, so --->
Section 130.25 Rape in the third degree
"A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the third degree is a class E felony." bbm
^ Rape in the third degree

Per statute* "Sexual intercourse" has its ordinary meaning and occurs upon any penetration..."

Appears imo from Rape in Third Degree charge, boy is not being charged w oral sexual conduct, anal sexual conduct, or inserting foreign object, or a lesser offense of other sexual conduct, as those are defined below.** my2cts, could be wrong.


____________________________________________
* Section 130.00 Sex offenses; definitions of terms
" The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight...."
2. defines oral sexual conduct, anal sexual conduct,
3. "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed...."
"9. "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
"10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
"11. "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child."
** Sex offenses; definitions of terms

** Section 130.05 Sex offenses; lack of consent
"2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or..."
"3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless; or..."
Sex offenses; lack of consent

Or see: 2016 New York Laws :: PEN - Penal :: Part 3 - SPECIFIC OFFENSES :: Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION :: Article 130 - (130.00 - 130.96) SEX OFFENSES

If I read it correctly, and I'm not at all sure that I did, the charge has nothing to do with non-consent when the victim lacks the ability to consent. Further, the charge is due to a reason other than the age of the victim??? TIA

 

[GoBuckeyes]

NY Statute, Rape in 3rd Degree
@GoBuckeyes sbm bbm You asked, so --->
Section 130.25 Rape in the third degree
"A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the third degree is a class E felony." bbm
^ Rape in the third degree

Per statute* "Sexual intercourse" has its ordinary meaning and occurs upon any penetration..."

Appears imo from Rape in Third Degree charge, boy is not being charged w oral sexual conduct, anal sexual conduct, or inserting foreign object, or a lesser offense of other sexual conduct, as those are defined below.** my2cts, could be wrong.


____________________________________________
* Section 130.00 Sex offenses; definitions of terms
" The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight...."
2. defines oral sexual conduct, anal sexual conduct,
3. "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed...."
"9. "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
"10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
"11. "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child."
** Sex offenses; definitions of terms

** Section 130.05 Sex offenses; lack of consent
"2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or..."
"3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless; or..."
Sex offenses; lack of consent

Or see: 2016 New York Laws :: PEN - Penal :: Part 3 - SPECIFIC OFFENSES :: Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION :: Article 130 - (130.00 - 130.96) SEX OFFENSES

If I read it correctly, and I'm not at all sure that I did, the charge has nothing to do with non-consent when the victim lacks the ability to consent. Further, the charge is due to a reason other than the age of the victim??? TIA