Violent crime rates may be down, but New York City still has some of the dangers of being, well, a city. That lesson is abundantly clear given the story of a tourist who was raped on her trip to NYC.
The 20-year-old woman was visiting from Australia and checked out a popular nightclub. She left and got into a cab, but got out of the cab after an argument. Then she was grabbed and pulled into an alley where she was raped.
Police believe the victim was intoxicated. But when the suspect is found, that fact probably won't help his case.
Rape is a serious crime that involves sexual activity without consent. It can include physical force, injury, or some other form of duress.
But even if the victim isn't physically hurt, evidence that sex was non-consensual can be enough to convict.
Lack of consent can be established in several ways. The most obvious is if the victim says "no" or otherwise displays unwillingness to engage in sex.
But inability to provide consent can also be evidence that the victim didn't want to have sex, or just couldn't consent to the act. That applies if the victim is unconcious or too intoxicated to give consent.
Since this woman was grabbed and raped in an alley, it seems unlikely that her attacker would try argue that she did, in fact, consent to what happened. More likely, he and his attorney will try to use the victim's alleged drunkenness to establish that she can't positively identify him.
The woman gave police a description of the man who raped her, which they're using to track him down. But she couldn't remember exactly where the rape took place, reports the New York Post.
A defense attorney could use that, and her intoxication, to show that the victim is a poor eyewitness. But that tactic may not work so well in front of a jury.
Police are still on the lookout for the attacker who is described as a middle-aged man, about 6-foot-2 and 190 pounds, wearing dark clothing. In the meantime ladies, be safe wherever you are.
- Cops are reviewing surveillance footage to pinpoint location Australian tourist was raped on West Side (New York Daily News)
- There is no 'Legitimate Rape,' Legally Speaking (FindLaw's Blotter)
- Cold Case Murder, Rape Solved After 36 Years (FindLaw's Blotter)