The complainant, a 19-year-old woman, reported to the town police that she had been raped and sodomized at gunpoint on a deserted beach near her home. The complainant testified that at about nine that evening she had received a phone call from a friend, telling her that he was in trouble and asking her to meet him at a nearby market in half an hour. Twenty minutes later, the same person called back and changed the meeting place. The complainant arrived at the agreed-upon place, shut off the car engine and waited. A New York DWI Lawyer said she saw a man approach her car and she unlocked the door to let him in. Only then did she realize that the person who had approached and entered the car was not the friend she had come to meet. According to the complainant, he pointed a gun at her, directed her to the nearby beach, and once they were there, raped and sodomized her.
The complainant arrived home around 11:00 P.M., woke her mother and told her about the attack. Her mother then called the police. Sometime between 11:30 P.M. and midnight, the police arrived at the complainant’s house. At that time, the complainant told the police she did not know who her attacker was. She was taken to the police station where she described the events leading up to the attack and again repeated that she did not know who her attacker was. At the conclusion of the interview, the complainant was asked to step into a private room to remove the clothes that she had been wearing at the time of the attack so that they could be examined for forensic evidence. While she was alone with her mother, the complainant told her that her male friend had been her attacker. The time was approximately 1:15 A.M. The complainant had known her friend for years, and she later testified that she happened to see him the night before the attack at a local convenience store.
Her mother summoned one of the detectives and the complainant repeated that the accused friend had been the person who attacked her. The complainant said that she was sure that it had been her friend because she had had ample opportunity to see his face during the incident. The complainant subsequently identified her friend as her attacker in two separate lineups. A New York DWI Lawyer said he was arrested and was indicted by the Grand Jury on one count of rape in the first degree, two counts of sodomy in the first degree and one count of sexual abuse in the first degree.
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