The two 14-year-old Croton-on-Hudson teens were charged with four counts of juvenile delinquency because of their age, and because according to the facts of the case, the crime did not meet the requirements for the charges, said Robert Wolf, spokesman with the District Attorney's Office.
"The crime would need to meet the qualifications for first-degree rape before they would be charged under adult criminal statutes," Wolf said. "Currently, the matter will be handled in family court."
If the teen were older, the four juvenile delinquency charges would be equal to adult charges of felony attempted criminal sex act, felony attempted sexual abuse, felony criminal sex act, third-degree, and forcible touching, said the Yorktown Police Department.
The 14-year-old girl told Yorktown Police the day after the party that she was sexually attacked during a party that included a group of freshmen high school students, said Yorktown Police Lt. Tom Genter.
"The party was not school-related in any way," Genter said. "It was just a group of kids having a party."
Genter added there was no indication that drugs or alcohol played a part in the alleged attack.
Both teens were charged at the Yorktown Police Department and released on their own recognizance to their parents.
Click here to follow Daily Voice Yorktown and receive free news updates.