New statement from woman who says she was raped by Rubenstein

UPPER EAST SIDE (WABC) -- The woman who claims she was raped by well-known attorney Sanford Rubenstein released a statement through her lawyer on Tuesday.

The accuser's attorney Kenneth Montgomery released an extended statement saying,

"We find it offensive and disparaging that when a woman, particularly in the urban landscape, is the victim of a vicious attack, she then becomes the victim of public scrutiny. There have been thousands of cases where the privacy of the victim of sexual assault was safeguarded by the DA's Office, The Police Department and the media. This is all troubling because these same protections are not being afforded to the victim in this case. This victim is a mother. This victim is a daughter. This victim is a pillar of her community. Yet, reporters are camped outside of her home and trying to take pictures of her."

"The information leaks that have been continuous since the inception of this case have prejudiced the investigation and are solely there to impact public perception in hopes to discredit the victim. A victim who is a high ranking executive at one of the country's largest corporations and a member of many civic organizations that serve the community."

"That said, we understand our continuing legal obligations as members of the bar and also the ethical considerations in our discussion of certain elements of the case. However, we want to be clear that at no time did the victim consent to sexual contact with Mr Rubinstein."

"In response to published reports referring to surveillance footage of the victim and Mr Rubinstein at his building; that footage sheds no light on whether Mr. Rubenstein sexually assaulted the victim and is silent on the issue of what happened inside of that apartment. Like many of the leaks in this investigation, it's an intentional effort to discredit the victim and try the case in the court of public opinion."

"Our desire in representing the victim in this case is to enable the District Attorney to do their job and prosecute Mr Rubinstein, whether it's popular or not. We are working hard to ensure that this victim is treated with the dignity and respect that she deserves."

To be clear, Rubenstein has not been arrested or charged, but detectives are investigating.

Detectives and crime scene investigators were at Sanford Rubenstein's Upper East Side apartment for a second day Monday, following allegations the 70-year-old attorney raped a woman inside his home.

Detectives were seen going inside the building, sometimes carrying out large evidence bags.

"This is standard operating procedure in a case like this for them to do," said Rubenstein's attorney, Benjamin Brafman.

The attorney has made a reputation going after abusive police officers, but now he is the one under the microscope.

On Wednesday night, there was a 60th birthday party for activist Reverend Al Sharpton. Rubenstein was there along with Governor Andrew Cuomo and Mayor Bill de Blasio, as well as celebrities and staff from Sharpton's National Action Network.

A highly-placed law enforcement source confirms to Eyewitness News that a female executive who works for Sharpton went to Rubenstein's East 64th Street apartment after the birthday party. When she woke up, the source says she was in pain and there was blood.

"Mr. Rubenstein is one of the city's most respected attorneys," Brafman said. "We do not believe a crime was committed. We are hopeful and confident at the end of the investigation, no charges will be filed."

Eyewitness News is told the woman went to the hospital, a rape kit was used, then she went to the police.

"Her thoughts are that she is a victim of a sex assault. She did not consent to having sex with Sanford Rubeinstein at all. She has been through a traumatic experience and just wants the Manhattan DA to follow the law. She is a mother and well-respected member of the community and is fully cooperating with the investigation." said Kenneth Montgomery, the alleged victim's Attorney.

"Obviously these are very troubling charges, but I haven't seen the details of it," de Blasio said. And obviously, it will be a full investigation."

Rubenstein and Sharpton have worked together before. In fact, they are both currently involved in the Eric Garner case, with Rubenstein representing the family. Sharpton plans to meet with Garner's family Monday to see what they would like to do moving forward as investigators try to determine if any crime occurred.

The case has put Sharpton in an uncomfortable position.

"Sandy and I have become friends, but the young lady that made the accusation is a top official," he said. "Sandy has no official capacity with (National Action Network), she does. And I respect her, and she's been very, very helpful to us. So we are between the situation."

Brafman says Rubinstein has not been formally questioned by police.