Attorney Sanford Rubenstein faces allegations of raping woman

UPPER EAST SIDE (WABC) -- 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.

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

"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.