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This article was published 12 year(s) ago

Lynn man says he had sex with the wrong person

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September 18, 2013 by [email protected]

LYNN – A judge ordered a city man held on $15,000 cash who police said raped a member of his wife’s extended family after his wife left early one morning for work. But the man insisted he was “in a daze” and had sex with the wrong person.”(The defendant) told us that he did have sex with (the alleged victim) but that he thought it was his wife,” Lynn Police Officer Jeffrey Trahant wrote in a report. “I asked him if (the alleged victim) gave him permission and he only would say that he thought it was his wife. I asked him why he thought it was his wife that he was having sex with when he stated that he knew his wife and (a witness) left for work. He couldn’t answer this question.”Evelio Nolasco-Chaves, 25, of 111 Essex St. #3, was arrested and charged with rape.He was arraigned on the charge Monday in Lynn District Court and a plea of not guilty was entered on Nolasco-Chaves’ behalf, according to court records.The alleged victim told police Sunday she, her sister and Nolasco-Chaves, his wife and child had shared a room for a night a few evenings earlier, according to the report. Nolasco-Chaves and his family slept in the bed and the alleged victim and her sister slept on the floor, according to police.The alleged victim told police her sister and Nolasco-Chaves’ wife left early in the morning for work. She reported that Nolasco-Chaves shortly afterwards got on top of her, held her hands down when she tried to push him off, raped her, then went back to bed, according to the report.The alleged victim told police she didn’t scream because she didn’t want anybody to find out, police said.The defendant told police he didn’t remember the morning in question, because he was “in a daze because he was half asleep after his wife left for work,” Trahant reported. But Nolasco-Chaves admitted having sex with the alleged victim. He insisted, however, it was not rape and he thought it was his wife.”Nolasco-Chaves stated ?if I was raping her then why didn’t she scratch my face or yell for help?'” police said.Judge Dominic Paratore ordered $15,000 bail and scheduled Nolasco-Chaves to return to court Oct. 15, according to court documents.A defense attorney appointed for the bail hearing could not be reached for comment Tuesday evening.

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