A 7-year-old boy was charged with third-degree rape in upstate New York, according to a report released Tuesday.
The child, who is from the sparsely populated Brasher Falls, New York, near the Canadian border, was arrested by state police for an incident that allegedly took place on Thanksgiving, according to local CBS affiliate WWNY. He was charged on March 23.
WWNY said the child was cited and released, and that the case will be handled in Family Court.
Anthony Martone, who is a defense attorney from Queens that deals with felony youth cases, 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. So I think it’s absurd to charge a 7-year-old with rape,” Martone said.
“They’d have to prove he actually physically committed this act, which to me it almost seems to be an impossibility,” he added.
Martone maintained that the boy is apparently being charged as