Town justice upholds felony charge in Scaringe rape case

Throughout the proceedings, Delehanty stressed that the hearing was not a "fishing expedition." The purpose of the hearing, Delehanty said, was to establish grounds for charges of second-degree felony rape.

"That means we have an adult over the age of 21 and a minor under the age of 17 engaging in sexual intercourse," Delehanty said. "And that's illegal no matter where you are."

To support the charge, the complaining witness appeared before Justice Glover, as did Bureau of Criminal Investigation Investigator Daniel Howard. The 13-year-old witness testified that sexual intercourse did occur, and Howard testified to the age of Scaringe.

Barrett said the defense doesn't dispute the facts surrounding the individuals involved.

"We certainly don't dispute that the

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complainant is a juvenile, and we certainly don't dispute that my client is 61," he said. "But what we do dispute is every other element of that crime and the occurrences of the crime."

Details about the victim are kept confidential under federal "rape shield" laws, which bar the defendant's ability to cross-examine plaintiffs about past sexual behavior. The law also prohibits media from identifying the alleged victim.

During the complainant's testimony, she testified that on the afternoon of Wednesday, Dec. 23 she was at the Saranac Lake Youth Center, where Scaringe was employed as executive director.

Scaringe allegedly offered the girl a ride home, first stopping at his residence on Old Lake Colby Drive. The girl waited inside Scaringe's car while he went inside to retrieve his two dogs and some duffle bags.

She remained inside the vehicle until Scaringe asked her to help with some bags. She obliged, and entered the home.

Then, the defendant allegedly told the victim the bags were upstairs. She climbed the stairs and searched for the bags. He then forced her to enter his bedroom, at which point he closed the door and allegedly forced her onto the bed.

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