Tioga County Deputies charge Waverly man with felony first-degree rape in Barton


On Thursday,  January 28, at 8:00 a.m., the Tioga County Sheriff’s Office Criminal Investigation Division arrested and charged Austyn J. Casselbury, age 23, of 10 Johnson St., Waverly, with Rape in the First Degree (Class B Felony), following an investigation into an incident on July 24, in the Town of Barton.

No details of the incident were released but the New York Penal Code reads: “A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

  1. By forcible compulsion; or
  2. Who is incapable of consent by reason of being physically helpless; or
  3. Who is less than eleven years old; or
  4. Who is less than thirteen years old and the actor is eighteen years old or more.

Casselbury was arraigned at Cap Court before Justice Boland and was released on his own recognizance. He is scheduled to appear at the Town of Barton Court.

The maximum sentence for conviction of rape in the first degree is 25 years in prison. Rape in the first degree is further classified as a violent felony offense. This means that conviction requires a mandatory minimum sentence of five years in prison.