According to Manhattan District Attorney Cyrus Vance, Jr., Marvell Scott, a former WABC newsman and sportscaster in New York, has been arrested and indicted by a New York County Grand Jury for the alleged rape of a runaway 14 year old girl.
It is alleged that Scott, who recently left the world of television to focus on his medical studies, paid a possible pimp to take a 16 year old and 14 year old to his apartment after meeting them in Times Square. It is further claimed that Scott raped the 14 year old girl as the 16 year old was present in the bedroom.
Scott faces one count of Rape in the Second Degree, a class D felony punishable by up to 2 and 1/3 to 7 years in prison, as well as the misdemeanors of Patronizing a Prostitute in the Third Degree and Endangering the Welfare of a Child. These two crimes are punishable by up to one year in jail. Although I have not seen a copy of the criminal court complaint or the indictment, it appears that the theory of the Rape charge is in line with the applicable law. That is, Scott, who is over 18 years old, had sexual intercourse with a girl who was less than 15 years old. This offense, is not one that involves “forcible compulsion.” Although not applicable here, there is an affirmative defense in the New York Penal Law for Rape in the Second Degree where the defendant was less than 4 years older than the victim at the time of the act.