Bronx District Attorney Darcel D. Clark announced on Thursday, May 16, that two NYPD officers were charged with a criminal sexual act and sexual abuse for allegedly engaging in sexual conduct with a heavily intoxicated woman during an off-duty incident.

 

In the context of the announcement, Clark said, “The alleged actions are reprehensible. The victim was incapacitated and physically helpless, unable to consent. Our office is providing services to the victim to help her through this.”

 

Clark said the defendants, Christian Garcia, 31, and Julio Alcantara-Santiago, 39, were charged with first-degree criminal sexual act, first-degree sexual abuse, third-degree criminal sexual act, and second-degree sexual abuse. She said they were arraigned before Bronx Supreme Court Justice Brenda Rivera and are due back in court in August.

 

According to the investigation, on July 9, 2023, between around 12:53 a.m. and 7:30 a.m., the defendants allegedly were drinking alcohol with the victim at a Bronx nightspot and she became heavily intoxicated. The victim was seen on surveillance video unable to stand or walk on her own, being held up by Garcia and Alcantara-Santiago by her arms, and later being carried by the defendants into a building. The following morning, the victim went to a local hospital. Medical testing identified DNA contributions from both men on the victim.

 

As reported, in contrast to an existing law, which allows for the pursuit of a legal action against a sexual assault predator in cases where a sexual assault victim is incapacitated due to involuntary consumption of drugs or alcohol e.g. when a victim’s drink is spiked, pending State proposed legislation, if passed, could also strengthen legal actions taken against a sexual assault perpetrator in cases where the sexual assault victim is incapacitated due to voluntary consumption of drugs or alcohol.

 

The proposed legislation A01065 / S04555-B is currently awaiting passage in the New York State legislature, and is sponsored in the Assembly by Assemblyman Jeffrey Dinowitz (A.D. 81), who represents much of the northwest Bronx and in the State Senate by State Sen. Nathalia Fernandez (S.D. 34), who represents a large swath of the east side of the borough.

 

Currently, a rape victim can, of course, already bring a case against a perpetrator, based on a rape kit and other evidence. However, such cases can be difficult to win if there are no witnesses to the crime, as the defense may argue the sexual encounter was consensual. The victim’s credibility will also likely be questioned, and the victim’s recollection of the assault may be hindered by resulting post-traumatic stress.

 

The referenced case involving the two police officers is being prosecuted by Assistant District Attorney Shaylin French of the child abuse/sex crimes bureau under the supervision of Johanna Hernandez and Alexandra Militano, deputy chiefs of the child abuse/sex crimes bureau, Mimi Mairs, chief of the child abuse/sex crimes bureau, and the overall supervision of Adrienne Giunta, deputy chief of the special victims division and Joseph Muroff, chief of the special victims division.

 

Clark thanked Trial Preparation Assistant Jaquelin Rodriguez Dominguez of the child abuse/sex crimes bureau for her work on the case.

 

She also thanked the NYPD Internal Affairs Bureau and the NYPD Bronx Special Victims Squad for their work on the case.

 

The defendants are presumed innocent unless and until proven guilty in a court of law.