The alleged rape took place on July 8. A 52-year-old woman claims that Gallagher took her back to his Middle Village office and sexually assaulted her. The 43-year-old Gallagher cooperated with the police, giving a DNA sample. He is married, but his neighbors say he and his wife fight frequently.
The Daily News reports that the accuser suffered "vaginal abrasions, abrasions on both knees" which Gallagher explained as being from an encounter on the carpet. He also said that the woman was upset because "he indicated the encounter was a one-night stand." But she tells the News, "I'm just out for justice. I have nothing to gain by lying. He's got everything to lose. He shouldn't get away with this just because he's a politician."
WNBC reports that Gallagher will turn himself in tomorrow morning. Gallagher's lawyer Stephen Mahler said his client, against his wishes, testified to prove his innocence: "I think he is a victim of a horrendously unfair grand jury presentation...Two-thirds of the questions he was asked before the grand jury were improper. He was severely prejudiced in the grand jury presentation. It was a grossly unfair presentation to the grand jury. He felt he was a public official and he felt he owed it to his constituents that he stand up and show he did not commit a crime."