Ossining Man Charged with Alleged Rape of Underage Victim

Marco Zhinan-Arroyo, 22, of Ossining was charged with rape in the second degree, a D Felony, after police investigated a report of rape occurring over a period of the last few months. 

Zhinan-Arroyo was arrested on Nov. 15 at 7:40 a.m. and held on $10,000 bail. 

Village of Ossining Police Lt. William Sullivan wouldn't disclose any more information so as not to identify the victim, but said the case involves an underage victim who was reportedly known to the defendant, though not related. 

According to New York State Penal code for sex offenses, second degree rape is defined as follows: 

A person is guilty of rape in the second degree when:

1.     being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or

2.     he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

Note: An arrest does not indicate a conviction.