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Rape Charges Dropped Against Midtown Bartender

By Ben Fractenberg on September 26, 2011 2:23pm 

Prosecutors dropped charges against Damien McGuinness, who was accused of raping a tourist after a night of drinking.
Prosecutors dropped charges against Damien McGuinness, who was accused of raping a tourist after a night of drinking.
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DNAinfo/Shayna Jacobs

DOWNTOWN — Rape charges against a Midtown bartender accused of attacking a woman in Morningside Heights were dropped Monday.

Prosecutors said the woman accusing Irish citizen Damien McGuinness, 22, of assaulting her refuses to testify at his trial.

McGuinness met the woman, who was visiting the city from out of town, at a bar while he was out drinking with a friend.

They ended up going back to the apartment where she was staying near Columbia University. His friend then allegedly had consensual sex with her, after which McGuinness was alleged to have raped her, prosecutors had said.

McGuinness' father, also named Damien McGuinness, said he felt "brilliant" outside the courtroom after the charges were dropped.

"It didn't happen," he added about the alleged rape.

McGuinness is now going to be deported back to Ireland, which the family said they were told could happen anytime within the next two weeks.

The dismissal is the most recent in a line of sexual assault charges where the Manhattan District Attorney has failed to get a guilty verdict on the most serious charges.

Former police officers Kenneth Moreno, 43, and Franklin Mata, 29, were found not guilty in May on charges of rape, burglary and falsifying records after Moreno was alleged to have raped a woman who the two helped into her East Village apartment after she left a party intoxicated.

Then the rape charges against former International Monetary Fund head Dominique Strauss-Kahn were dropped in late August after prosecutors started to question the credibility of the hotel maid, Nafissatou Diallo, who accused him of assaulting her at a posh Midtown hotel back in May.

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