Three accused of raping woman who had passed out

Published: August 31, 2009 

Police have arrested three men accused of raping a woman while she was passed out drunk in a friend's living room Saturday in Midtown. Martin Martinez-Perez, 19, Marcelo Merino-Hernandez, 21, and Emiliano Martinez-Alverez, 25, are charged with first- and second-degree sexual assault.

According to an affidavit filed in court by prosecutors, the woman and two companions -- identified by police as a relative and friend of the relative -- had been drinking when they decided to take a cab to a home in the 3100 block of Eide Street. The women continued drinking there, and at one point the victim asked her relative to translate to the men there that she did not want to have sex with anyone, the charges say.

The women apparently left the victim in the living room for a short time. They returned to find her passed out on the floor, with a man identified as Martinez-Alverez having sex with her, the charges say. A while later, the relative and friend saw another man, Martinez-Perez, having sex with the woman, according to the affidavit. During that encounter, the victim woke up and started punching her assailant, telling him to stop, the charges say. The third man, identified as Merino-Hernandez, raped the woman, the charges say.

Under police questioning, the three suspects admitted having intercourse with the victim when she was passed out, despite knowing she told them not to, the charges say. All were jailed with bail set at $75,000.

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