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Alleged Rapist Claims Sex With Sleeping Woman Was 'Consensual'

By DNAinfo Staff on August 15, 2011 8:06pm

Jason Quinones, 21, was charged with rape and burglary.
Jason Quinones, 21, was charged with rape and burglary.
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DNAinfo/David Torres

MANHATTAN CRIMINAL COURT — A Harlem man charged with raping an Upper East Side woman while she slept has admitted he climbed through her window and took her cell phone, but claimed the sex was "consensual," prosecutors said at his arraignment Monday.

Jason Quinones, 21, allegedly entered the first floor window of an East 90th Street apartment around 4:30 a.m. and 5 a.m. on Aug. 13 and began having sex with a 27-year-old woman sleeping inside, prosecutors said.

"[Quinones] made a series of statements that he went through the window of the apartment, that he took the victim's phone so she'd be unable to call the police and had sex with the victim ... although he disturbingly claims it was consensual," Assistant District Attorney Samuel David said in court Monday. 

He claimed the woman was not raped and did not resist, prosecutors said.

Quinones left two fingerprints behind and was quickly apprehended by police, prosecutors said.

He was arraigned Monday on two counts of rape in the first degree and two counts of burglary. He has a prior felony drug conviction, prosecutors said.

Quinones' lawyer, Alix Duroseau, argued that there were no injuries such as bruises or scratches on Quinones that would be consistent with a resistant, fighting woman and that her clothes had not been torn.

"There are serious questions with respect to the [accuser's] credibility in connection to his case and the quality of the evidence," Duroseau told reporters outside the courtroom.

But prosecutors said there's already strong evidence in the case. The victim picked out Quinones from a lineup and a photo array. He also allegedly left physical evidence at the scene including fingerprints on the windowsill and semen on the victim, prosecutors said.

Several of Quinones's family members were present for the arraignment including his mother and sister.

His sister, Jasmine Santiago, 24, said her brother has been working in construction and has a 3-year-old son.

"My brother didn't do it. He's a good man," the tearful sister said.

Quinones, of East 100th Street, was ordered held without bail on Monday. He is due back in court on Aug. 18.