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Ramapo rape case judge to issue verdict Friday

One of four boys accused of sexually assaulting

One of four boys accused of sexually assaulting two girls in their Ramapo home departs the Rockland County courthouse in New City, his face hidden underneath a piece of clothing. (June 21, 2012) Photo Credit: Leslie Barbaro

The judge presiding over the Ramapo rape case in which four boys are accused of raping two young girls is set to give her decision Friday morning.

The four boys, three of them 13 years old and one 12, face several charges ranging from attempted rape, criminal sex act and sex abuse, all felonies that could land them in a juvenile detention facility until their 18th birthdays.

Thursday was filled with testimony from the 12-year-old who denied charges that he and his three friends attacked the two girls -- then 12 and 14 -- multiple times in June.

In nearly four hours on the witness stand, the boy -- whose name is being withheld by Newsday -- maintained that the sexual relations were mostly consensual.

The boy said he knew the girls, now 14 and 13, from school and a soccer team and before the alleged attacks had been at the girls' house twice -- once for a water balloon fight just days earlier.

He testified that on June 12, the boys, all students at Chestnut Ridge Middle School, went over to "hang out" and found the older girl sitting on her bed in the bedroom. The group then moved to her parent's bedroom and when he walked in, the boys were rubbing against the girl and all were fully dressed, the boy testified.

He and another boy took turns kissing the girl. In another incident that took place in the bathroom, the boy testified that he walked in and saw his friends with the girl, whose pants were down to her knees.

"She was standing there, laughing," the boy said.

The youth said two of his friends rubbed their genitals against the girl but did not have sex with her.

On June 13, the boys returned and looked for the older girl.

They had gone there because "we had sexual contact with (one) girl the day before and we wanted to do it again," the boy said.

They found the girl on her parent's bed when one of the 13-year-old boys said, "You know the position," according to the testimony. But the girl declined.

The 12-year-old boy said he went out to the living room to listen to music when he was again summoned into the parents' bedroom and saw the younger girl with the three other boys.

One boy was holding the girl's hand down and trying to pull her pants down while the girl kicked, the 12-year-old testified, adding that the girl was not screaming.

"They were telling me to hold (her) hand," he said, but that the girl grabbed his hand and bit him instead.

"She said if I got the boys off of her, she'd kiss me," he said, and said they kissed for about two minutes. "When it was over, she was smiling."

In a written statement to police, the boy said he had rubbed his genitals against the older girl but they did not have sex.

"I didn't want to seem like a punk and I didn't want to seem like the only one who didn't do it," the boy wrote. "(She) let us; we didn't force it. I swear on everything I love."

The boy said he had seen sexually explicit text messages on the older girl's phone on June 12 that she had sent to another boy.

In her closing statements, prosecutor Elizabeth DiStefano recalled the incriminating statements given to police by each of the 13-year-old defendants in which they admitted to having sex during the alleged attacks, as well as the "bruises on her thighs and arm" of the younger girl who claimed she was held down while she was gang-raped.

David Goldstein, the attorney for the 12-year-old boy, brought up testimony by the 12-year-old girl and the older girl's best friend.

At the time of the alleged attacks, the older girl had sent text messages to her best friend. Asked why the friends didn't report the incident, the best friend said, "I doubted her," according to Goldstein.

Goldstein said the younger girl also doubted the initial allegations of abuse.

"Their actions showed disbelief -- if they believed her, they would have had to take some sort of action," Goldstein said.

"The two closest people (to her) in the world doubted her."

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