Updated 03/16/2012 11:29 PM
Victim Takes The Stand To Recount Alleged Rape By Off-Duty Officer
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The Manhattan teacher allegedly raped by an off-duty police officer took the stand Friday at the officer's trial.
The 25-year old victim was both nervous and emotional on the stand testified against Michael Pena, 27, who is charged with rape and sexual assault.
Face-to-face with her alleged attacker, she was asked to tell the court her version of what happened last summer.
The woman recounted the early morning hours on August 19, when she says Pena, who was off-duty at the time, asked for directions to the 1 train station in Inwood.
She said even though the A train was closer, she pointed him in the right direction and that is when she said he lifted up his shirt, showed her his gun and guided her across the street to an alleyway.
It was there, she testified, he held that weapon close to her body, threatening to shoot her if she did not perform oral sex.
She said she did as he demanded but it was not enough, as she said he still raped and sodomized her.
Pena's attorney admits an assault did take place, but says nothing else happened.
"The truth is that there was a sexual assault. The truth is that he did something that was entirely improper, and also I would say aberrational to his own character, and what he did is unforgivable and it should not be condoned. But by the same token he did not rape this woman," said Pena's attorney, Ephraim Savitt.
Savitt said there is a chance his client could testify next week but said the defense has not made a final decision.
If convicted of rape, which is a felony, Pena faces a maximum sentence of up to life in prison if convicted.