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Demapan denies rape, claims consensual sex
»Judge dismisses disturbing the peace charge; jurors start deliberations
Superior Court Associate Judge Joseph N. Camacho acquitted yesterday Bradley Demapan, a former resort employee accused of raping a female tourist, on the charge of disturbing the peace.
As this developed, the six jurors began deliberating yesterday afternoon. They will continue their deliberations today, Thursday, at 8:15am.
In granting defense attorney Steven Pixley’s motion for a judgment of acquittal on the disturbing the peace charge, Camacho noted the lack of evidence and testimony to support it.
Camacho, however, denied Pixley’s motion for a judgment of acquittal on the remaining charges of sexual assault in the first degree and assault and battery.
Pixley asked for a judgment of acquittal after calling four witnesses, including Demapan.
Assistant attorney general Barbara Cepeda rested the government’s case after their last witness, a police officer, took the witness stand.
In his testimony, the 27-year-old Demapan denied raping the woman, claiming it was consensual sex. He stood up and demonstrated how he and the woman had sex in the bushes north of the Pacific Islands Club in San Antonio in the early morning of July 26, 2013. He stated that the tourist even went on top of him.
Attorney Joshua Berger, who was among the defense’s four witnesses, admitted that the alleged victim hired him to sue PIC over the incident.
The lawsuit has not been filed yet. Berger, however, on behalf of the alleged victim, wrote a letter demanding $300,000 from PIC.
In her testimony, the alleged victim stated she never hired a lawyer. She also denied she was in the process of suing PIC.
