By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — A judge has ordered prosecutors to subpoena the psychiatric records of a woman who accused an Australian farmer of raping her five years ago, marking a potential gain for the traveler who has maintained his innocence for half a decade.
The tourist — David Green — was 24 years old when he and several friends were staying in Manhattan before their scheduled trip home to Australia in August 2005.
They met two women — including the alleged victim, who was 21 at the time — at a bar before the entire group headed to a hotel suite at the Affinia near Penn Station where the visitors were staying, according to court records.
"We chatted, and she commented on how she liked the people I was traveling with and my accent," Green wrote in a statement to police, in which he described the nature of their encounter as consensual foreplay that did not include sex.
In recent court proceedings it was revealed that the alleged victim had been through several months of therapy and was prescribed psychiatric drugs, although her records have not yet been obtained.
In a June 29 letter to the court, prosecutors said the alleged victim was "unable to recall the name of her therapist." This week, however, prosecutors informed the court that she had located the doctor, according to Green's lawyers.
Green was charged with first-degree rape and reckless endangerment for allegedly forcing sex upon the female as she was sleeping.
Prosecutors said the alleged victim awoke to find Green on top of her and that "she did not consent in any way" to the sexual activity, the criminal complaint said.
But Green's attorneys believe the records may serve to exonerate the accused attacker.
"He's facing 25 years in jail when he knows he didn't commit a crime," said Phyllis Malgieri, one of Green's attorneys.
Green and his traveling companions were arrested the next morning after the woman promptly told police she'd been raped.
The case is still pending because attorneys said Green flew home when released on $7,500 bail because he was scared and did not believe he'd done anything illegal.
He was apprehended again in 2009 when reapplying for a passport, his lawyers said. They claimed he was not hiding, just living with his family on his farm, the same place he was before the alleged crime.
Green has been held at Rikers Island since his extradition.
The parties are next scheduled to appear in court on Aug. 5 for a possible update on the woman's medical history.
