Lawrence Taylor To Use Masturbation As Defense In Rape Case

By Randall Stevens  |  05/12/2010

Lawrence TaylorNearly a week after retired NFL great, Lawrence Taylor, was arrested and charged with third-degree rape of a minor, details are surfacing regarding his defense.

Sources have told TMZ that the 51-year-old Taylor plans to use masturbation as his defense.

Taylor is expected not to dispute whether he was in the same room as the 16-year-old prostitute, but his lawyer will argue that Taylor did not have sexual intercourse -- an element of third degree rape.

Instead, a source said they will claim he engaged in a "masturbatory act" and that was it.

New York law states: "A person is guilty of rape in the third degree when ... he or she engages in sexual intercourse with another person less than seventeen years old."

According to TMZ, in the criminal complaint, authorities allege Taylor engaged in "sex acts", but do not mention any sexual intercourse -- a requirement for 3rd degree rape.

The NFL great was arrested last Thursday (May 6) in New York after he allegedly paid $300 to have sex with the underage girl at a Holiday Inn hotel in Montebello, 25 miles north of New York City.

TMZ reported that a condom was found in Taylor's hotel room, but sources say Taylor's lawyers will argue the condom wasn't his and he didn't use it.

They have denied that Taylor had any sex with the minor.