Famed trial lawyer Sanford Rubenstein will not be charged with rape
Famed litigator Sanford Rubenstein will not be charged with rape, the Manhattan District Attorney announced.
The Wall Street Journal reported Monday that Manhattan D.A. Cyrus Vance has decided not to prosecute Rubenstein for rape allegations brought by an official in the Rev. Al Sharpton ’s National Action Network. Rubenstein will still face a civil lawsuit, however, as the victim’s attorney, Kenneth Montgomery, filed a complaint with the state supreme court in Brooklyn on Monday.
“Given the available evidence, the degree of the complainant’s recollection of what occurred at the suspect’s apartment, and the results of the toxicological testing, neither the provable facts nor the applicable law support a prosecution in this matter,” said Joan Vollero, a spokeswoman for the Manhattan District Attorney. Vollero added that the sex-crimes Unit had interviewed 48 people, reviewed video surveillance footage and examined the physical evidence during the course of its investigation.
Montgomery was outraged by the D.A.’s decision, but he was not surprised. “We knew from the inception that they had no intention of prosecuting,” Montgomery told the Journal. “The way they handled this case is outrageous and it will have a chilling effect on sexual victims coming forward, particularly when the suspect is someone of affluence and their attorney has a close relationship with the prosecuting office.”
The incident is alleged to have taken place Oct. 2 after a birthday party for Sharpton. Rubenstein claimed the sex was consensual and his attorney, Ben Brafman, had strong words for the accuser. “Rape is undoubtedly a serious offense. To falsely accuse someone of rape is, however, equally offensive,” Brafman said. He added that the woman is “entitled to nothing” and “will get nothing.”
Rubenstein is, perhaps, best known for defending NYPD torture victim Abner Louima. Most recently, he was hired to represent Eric Garner’s family before the rape allegations forced him to leave the case, the New York Daily News reported at the time.
