NEW YORK (CBSNewYork) — An NYPD officer charged with rape remained free on bail weeks later, and CBS2 caught up with him and his attorneys about a new piece of evidence.Caught On Camera: Man Attacks, Robs Father And Son After Fender Bender In Queens
Sosa was charged with rape, committing a criminal sex act, sexual misconduct, sexual abuse, and acting in a manner injurious to a child under 17, police said.
The girl involved was 16 at the time of the incident and is now 17, police sources said.
Sosa allegedly met the girl at a church they both attended where the officer is one of the leaders, sources said. The church practices out of hotels in the Bronx, sources said.
But as Sosa left Bronx Criminal Court in silence Friday afternoon, his attorneys claimed new evidence shows the charges are unfounded.
“There’s an audio recording where the complaining witness admits that at the time when she claims this occurred, she was actually of age,” said attorney Joseph Indusi.
But attorneys also claim that Sosa never had a relationship with the teen at all.READ MORE: MTA Employee Recognized After Rescuing Dog From Subway Tracks: 'It's Remarkable She Was Able To Survive That Long'
“Even if every word the DA said is true — which it’s not — she would have been 17 at the time of the alleged conduct, and 17 is the age of consent in New York,” said attorney Cary London. “And thus, Officer Sosa did absolutely nothing wrong.”
Police alleged that Sosa had sex with the girl multiple times between April and September of last year.
The girl’s mother called police in February after allegedly finding inappropriate texts on her daughter’s cellphone.
“If she was 16, 11 months, and 28 days, maybe it’s a crime,” said law expert Gerald Lefcourt.
Lefcourt said the case hinges on the teenager’s real age, since the age of consent is 17 in the state of New York.
“The DA is going to investigate everything that they can find to figure out the exact time of any claimed sexual conduct between the two of them,” Lefcourt said. “If there’s nothing to prove, one way or the other, they shouldn’t bring a case.”MORE NEWS: Judge Dismisses National Rifle Association's Bankruptcy Case, Leaving Group Open To New York Lawsuit
Sosa is due back in court May 27.