Man Falsely Accused Of Rape: "Thank God I Filmed It"

2009_09_hofrap.jpg The man who was accused of being involved in a gang rape of a Hofstra University student, only for the student to recant her claim and admit the sex was consensual because there was a video of the encounter, is on the cover of the Post today. While Arvin Rivera, an 18-year-old senior at Harry S. Truman HS in The Bronx, was not arrested, he tells the paper, "I was so afraid. Words cannot even begin to describe how I was feeling inside. Thank God I was there. And thank God I filmed it."

Rivera's cousin Stalin Felipe, 19, was arrested, along with three other men, after Hostra freshman Danmell Ndonye made up a harrowing story about being tied up and gang raped in a Hofstra dorm bathroom stall. Felipe, who is also on the Post's cover, said, "Anytime anyone Googles my name, rape is going to be right there beside it. My name is forever tarnished. What if I am applying for a job or whatever in the future? I feel like I am always going to have to offer some explanation... We went to Hofstra just to have some fun, and it turned out to be a nightmare. Cops were telling us, 'You are going to rot in jail.'"

The aunt of falsely accused Kevin Taveras told the Post that when Ndonye was split up from her boyfriend at an on-campus party, she and her nephew "started making out, and she said to him, 'Do you want to come back to my dorm?' He said, 'I have friends here with me,' and she said, 'Bring 'em along. It'll be hot.' It started from there. The point is she knew what she was doing... Stalin said to her, 'Are you sure about this?' She said, 'Yeah, sure, I want to.'"

Neighbors of Ndonye, who is now suspended from Hofstra, describe her as "nice, innocent, well-bred, shy," "genius-like," and "scary brilliant" with an "intact mother and father." Nassau County DA Kathleen Rice, who may purse charges of filing a false police report against her, said of her, "Her actions and demeanor suggest a very troubled young woman in need of some help."

And Newsday dissects the "turning point" in the case—when Rivera shared the video footage with Felipe's family and lawyer: "It was just 5 minutes and 58 seconds of grainy footage from a public men's bathroom in a college dormitory... It did not show the entire incident, the attorneys acknowledge... There were sexual acts between at least two people and the young woman was consenting, those who viewed it said." Felipe's attorney said, "It was graphic. It looked like they were in the outside of a shower stall," and an attorney for Jesus Ortiz said, "There was no tying up, there was no bruising, there was no screaming... More important than what you see is what you don't see."

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She should really go to jail. While there she should find out what getting raped is really like. Falsely accusing men of rape is a terrible crime and this kid is right that his name will forever be tarnished.

It's going to be tarnished anyway. Good for him that he's not a rapist. But he is someone with few enough morals to not only participate in group sex, but take video of it as well. Some might call that "perversion."

Oh please. Taking part in group sex is not a big deal as long as all the participants are willing. (and hopefully safe)

It's not perverse, it's sex. Big deal. Sex is awesome.

The group sex part is not immoral in my opinion. If it's consensual then it's really none of our business. In good faith he shouldn't have filmed it without the woman's consent, but thank god he did film it or he'd likely be going to jail for a very long time. I do think the woman should face jail time. She has discredited actual rape victims and she's ruined the lives of these men. That's a serious crime. I'm thankful they weren't sent to jail for this.

I don't think the act itself is immoral but the risk factor of the consequences is pretty high. Everyone could have contracted std's and spread them to others and they could have had the worst std of all, a baby. Then it would totally be fucking immoral. that baby would most likely grow up neglected and then kill and rape your children. vicious cycle.

Babyhitler,
Good points, but they could easily use condoms which would prevent pregnancy and many STDs.

Seems like a double standard at work here. If there had been no rape accusation and this video got out, comments would castigate the girl as a slut and the guys as narcissists for taking video of themselves, like Paris Hilton, Pamela Anderson, Tonya Harding or any other sex tape in the past. But since it proved there was no rape, then everything's okay, it seems.

As for this "birds do it..." most bird species are monogamous.

Spirit of 76,

I'd be the last person to call either the woman or the men sluts. In fact I've chastised other commenters on Gothamist for doing just that. Slut is an antiquated and sexist word (sexist because it's usually reserved for women). What you do in your own bedroom (or wherever) is none of my business.

"few enough morals to not only participate in group sex"

Birds do it, bees do it, even educated flees do it, let's do it, let's have group sex.

Please make these guys go away.

I went to a gang bang and all I got was this lousy photo.

WHO CARES about STD'S? They are either easily treatable or harmless, HIV is the only bad one, nothing else matters.

I don't think that God had anything to do with this in any way. Satan, on the other hand, is laughing his ass off.

huh? "scary brilliant?" "genius-like?" what the F is she doing at hofstra then? oh, right, those being quoted are still trying to get their GEDs!

Did they wear a condom? Hopefully she is not pregnant now.

Oh come on, that would be the best episode of Maury EVER.

"Did they wear a condom?"

Hopefully not. If they wore a condom, well... that's just gross and not too sanitary.


But seriously the police did say there were used condoms found on the restroom floor. It was one of the ways her story didn't add up: why would they be careful to take the rope she'd been tied with, but leave behind condoms, making DNA testing easy?

Stay classy, Hofstra University.

My name is forever tarnished. What if I am applying for a job or whatever in the future?
As if being named "Stalin" won't get your resume sent to the circular file right away.

Stop posing for photo ops! Hellooo?

Remember when Antioch College proposed a student having to sign a consent form each time he/she advanced, to put it popularly, "a base" when engaging in sexual activity? The school was ridiculed at the time.

Apparently, that's as much about covering a guy's ass as protecting women. That makes it no less ridiculous though.

A friend of mine was also accused of rape when he was in college by a chick for the same reason as this girl - she didn't want her bf to know she cheated. It's women like this that cause people to question women who were actually raped.

Congradulations on your promotion from rapist to degenerate. The girl? Troubled or a skeez?

obviously she should go to jail for lying and OBVIOUSLY she's a scank for leaving her boyfriend and having a gang bang with 5 strangers and OBVIOUSLY these guys are rubes for doing it and filming it - its kind of funny to see VanessaNYC and nurserachet trying to normalize random gang bangs - its not normal and never will be.

You're just trying to justify your mommy and 4 daddies.

hahaha, I bet you have really boring sex.

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