Lawrence Taylor will defend himself against the charge that he raped a 16-year-old prostitute by claiming he only masturbated and did not have sexual intercourse with the girl, a source close to former football player told ABC News.com.
Taylor does not deny being in an upstate New York hotel room with the girl, who police say was brought there by an abusive pimp.
Taylor's lawyer, however, will claim that he never had sex with the girl, a requisite for a rape conviction in New York State, the source said.
At a bond hearing last week, Taylor's attorney Arthur Aidala denied Taylor had sex with the girl, setting up a defense for the former New York Giants linebacker.
"Lawrence Taylor didn't have consensual sex with anyone last night. He didn't have sex with anyone," said Aidala. "Mr. Taylor is going to fight each and every one of these charges."
Taylor, 51, was charged on May 6 with statutory rape and soliciting a minor prostitute. He has not yet officially entered a plea.
The rape charge carries a four-year maximum prison term and the prostitution charge could add an additional year.
The pro football Hall of Famer was arrested last week and accused of paying a 16-year-old prostitute $300 to perform "sex acts," according to the criminal complaint against Rasheed Davis, the pimp charged with taking the girl to Taylor.
The alleged victim, however, told the New York Daily News she "definitely had intercourse" with Taylor.
"If he's saying we didn't, that's not true," she told the paper.
Lawrence Taylor Case May Hinge on Condom
According to the Daily News, the girl said a condom was used, but it broke during sex.
Taylor's condom "got stuck inside," she told the Daily News. "He had to put his fingers inside me to get it out."
"He paid me $300 cash to have sex with him," she said. "I got it over with as quickly as I could. Afterward, all he said was turn off the TV before you leave."
Police confirmed that a condom was found in the hotel room and is undergoing forensic testing.
"The investigation has not concluded," said Det. Lt. Brad Weidel of the Ramapo Police Department. "This is an active investigation and we're cooperating with federal agencies and the NYPD."
Taylor's lawyer will deny the condom was his, the source said.
The girl, who police say was punched in the face by Davis before being taken to Taylor's room, told the paper she lied to the football pro and said she was 19 years old.
Taylor was released on $75,000 bail and will next appear in court on June 10.