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“His fabrication that the sexual encounter was initiated by the complainant without a condom and his assertion that she told him she could not get pregnant suggests to me he knew prior to going to the police station that the sexual encounter without a condom was the subject of the complaint,” she said.

“In addition, when confronted with the fact that he drafted the statement at a time he purported to know nothing about the allegations, he changed his testimony.”

The complainant’s evidence that she required Rivera to use a condom and did not agree to sex without it is consistent with the conditions she laid out over text, the judge said. It is also consistent with her undergoing tests at the hospital the next day, Champagne said.

“It is improbable that she would have risked pregnancy by agreeing to sex without a condom, particularly with a stranger,” the judge found.

His failure to wear a condom increased the complainant's risk of pregnancy and constitutes a significant risk of bodily harm

Champagne said she drew no negative conclusions from the fact that the complainant made small talk with Rivera after their encounter or that she took a few days before contacting police.

“It would be inappropriate for me to do so and would invoke myths and stereotypes about how victims of sexual assault should act,” she said.

“It stands to reason that a complainant might make small talk to keep things calm and avoid unwanted contact and it would not be unreasonable for a complainant to take some time to consider whether or not to proceed with a complaint given the stress and scrutiny of intimate details of one’s life involved in the criminal court process.”