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Mustapha Ouanes, Canada Businessman, Gets Rape Conviction After Woman Attacked In New York Hotel Room

First Posted: 02/15/2012 9:20 pm Updated: 02/15/2012 9:50 pm

NEW YORK, N.Y. - A Canadian businessman who was travelling in a Saudi prince's entourage was convicted Wednesday of raping a woman in a New York luxury hotel room after meeting her out on the town.

Mustapha Ouanes, 60, was being held without bail after the verdict on what he portrayed as a consensual encounter that soured but prosecutors called a case of a man victimizing a woman who couldn't fight him off.

"This was a crime of opportunity — the defendant had a vulnerable, intoxicated woman in his hotel room and sexually assaulted her," Manhattan District Attorney Cyrus R. Vance Jr. said in a statement.

Ouanes is to be sentenced March 15. He could face up to 25 years in prison on the most serious count among several.

The Algerian-born married man was in New York as part of the entourage of a Saudi prince, both sides said, though they didn't identify the royal or exactly what Ouanes does for him.

Ouanes met the then-26-year-old woman and a friend of hers when he approached them in a bar in January 2010, according to trial testimony. Both women were bartenders but off work at the time.

The three went to another tavern for a drink, and then Ouanes invited them back to his Plaza Hotel room for breakfast. As they strolled into the hotel together with his arm around one woman's shoulders, "I thought it might be my lucky day," he testified.

But once they arrived, he was called to attend to something for the prince for nearly an hour, according to testimony. The women waited in the room, and they all had breakfast and Champagne when he returned.

The women then got into the bed, clothed. Prosecutors said the two, who also had smoked hashish, passed out. Ouanes joined them in the bed. "My priority was to sleep," he told jurors earlier this month.

But one of the women said she awoke to find him having sex with her. She and her friend got free of him and called hotel security, prosecutors said.

Ouanes "thought he could get away with it. He thought, 'Who's going to believe two women, who are 25 and 26 years old, who are bartenders, above me, a man who lives in this world, who moves in this world, of wealth and privilege?'" Assistant District Attorney Samuel David said in a closing argument last week.

Ouanes said he did nothing wrong. The woman initiated sexual contact with him and she and a friend of hers concocted the allegations because he wouldn't pay for sex, he and his lawyers said.

"This case is about two women who came up with a story that wasn't true" out of anger, defence attorney Aaron Mysliwiec said in his summation.

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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
09:54 AM on 02/17/2012
To sum up: all the actions of these women point to consensual sex.

Prosecutor Cyrus Vance asks us to ignore all these actions and to send a man to jail for 25 years based on the woman's claim it wasn't consensual sex. He points no evidence whatsoever to support this.

Worse still, he uses rape laws to conceal the identity of the woman from the jury -- these women could be escort service workers but the jury didn't know because of this concealment.

Finally, as stated before, I can think of no earthly reason why a 25 year old woman would go to a 60 year old man's hotel room but for sex.

Can you?
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
06:38 AM on 02/17/2012
Here's another question not answered: why does a 25 year old woman go to a 60 year old stranger's hotel room?

Answer: Money

And that's the only answer. If fact, that's the only reason a 25 year old woman would allow a 60 year old man to talk to her in a bar.

In other words, we're dealing with pros here, something the prosecutor would know had he bothered to do background checks on these women.
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
02:09 AM on 02/17/2012
Now we see what prosecutor Cyrus Vance has learned from the DSK case and it's chilling.

He's learned how to make sure a guy a guy held on flimsy charges doesn't get a chance to prove his innocence.

First you lock him up with an outrageous bail; then you keep the identity of his accusers secret. Then you scare hell out of everybody -- including the judge -- by putting the full weight of the name Cyrus Vance, jr on the case.

Then once the conviction is head you further doom the defendant by calling a press conference and personally announcing victory.

The defendant doesn't stand a chance, which of course, is the main idea.

Justice? I think a better name for it is Inquisition.

Chilling.
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HUFFPOST SUPER USER
Le Nwwaert
03:47 PM on 02/16/2012
Unbelievable,,they smoke, drink together and jump into his bed and are shocked that he wants sex.Complete setup,shakedown.This case says one of two things,women are completely clueless as to how the world works,so women should never be put into any positions of authority or these two women are trying to shake this guy down.
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
06:46 PM on 02/16/2012
This is a 60 year old man with a wife and children. He's with the Saudi diplomatic corp so we can assume he's not a felon in his country.

Prosecutor Cyrus Vance is out of control. He struck out with DSK, then the Police Commission's son, now this. All men with no police records, and in the case of DSK a man many thought would be the next president of France.

Vance tried to lock each of these men up in one of America's harshest prisons (Attica) for decades. In each case the possibility the women could be lying was never considered by him.

In the case of DSK, it was DSK's high-priced lawyers who exposed the supposed victim's checkered past, so checkered, in fact, Vance had no choice but to release him.

This current case is even more incredulous than DSK -- the women admit going to bed with the guy. We're talking three people in a bed.
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
03:24 PM on 02/16/2012
Someone needs to remind Prosecutor Cyrus Vance there are many Americans living in foreign counties who stand to be adversely affect by his Inquisition against foreign diplomats if ever they're arrested on charges as flimsly as those he's locking this guy up for 25 years for. .
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
01:35 PM on 02/16/2012
Is Vance trying to cause WWIII? If not, why has he declared all-out war of foreign diplomats?

Essentially, what Prosecutor Vance is saying is that whenever a woman accuses a man of rape in NYC that man is going to prison.

And it's clear he's hunting for big fish. He missed landing DSK, then he missed with the police commissioner's son, but he hit the jack part with this Saudi guy.

Well, you can't operate a sane world with such an insane rule. In this case a man's bed is the outer limits of where a woman can cry rape.

Sex is not the offer and acceptance contract Vance wants us to believe. Sex is an instinctive behavior that more often than not involves no spoken words.

If she was so stoned she passed out, how can she claim afterwards she knows she didn't allow him to remove her clothes? She doesn't know this and Vance surely doesn't know this yet he acts like he does. He tells us she didn't give any sign she wanted to have sex even though she admits she willingly got into the guy's bed.

I predict it will soon come out these women are escort service workers -- not bartenders! I predict further when Vance is informed of this it will not alter his demand the Defendant be locked up for 25 years -- that's apparently the mindset of Mr. Vance. Not that different from the mindset of the judges at the Salem Witch
12:32 PM on 02/16/2012
Okay. I think he did it ... BUT tell me two adult women who are bartenders in the City that Never Sleeps are innocent ... they drank, did drugs, went to his hotel room (he was 60 remember) and didn't know that there was going to be an "after party"??? There are not a lot of innocent New Yorkers. Young women who live and work in New York, know the score. If they didn't want to risk it, they should have said good night at the bar and gotten in a cab. Bad man, perhaps. Two women who go to a hotel room with a 60 year old stranger at "breakfast time" were putting themselves (knowingly) in harms way. Give your heads a shake girls everywhere.
01:20 PM on 02/16/2012
Really? If you fall asleep ANYWHERE ANYTIME nobody can penetrate you w/out it being rape. If you don't consent (she was passed out) it's rape. Why anyone would think that is okay is beyond me.
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
02:13 AM on 02/17/2012
Eh .. she CLAIMS she passed out.

Meanwhile, all the other evidence indicates that she was acting like an escort service worker.

These women weren't bartenders but the jury didn't know this because Cyrus Vance made sure nothing about them was presented in court.
05:34 PM on 02/17/2012
Some people still think that the word "no" means yes. You are claced capacity to consent then she didn't. Some people will never believe a woman can be raped. It is very hard to get a conviction.
12:05 PM on 02/16/2012
Its interesting that the Canadian and Saudi Flags are flying at the Plaza the last 2 weeks. Maybe they're in town for the trial. I had assumed the fashion shows but it could be both.
11:22 AM on 02/16/2012
Next time make sure she has an orgasm.
11:08 AM on 02/16/2012
I'm not sure why all of these commenters seem to think that getting in someone's bed is the same thing as consenting. Who came up with that rule? They went to bed fully clothed and even he said that his "priority" was to sleep. There was no indication that they wanted anything more than a nap after a long night.

Regardless of what some of the guys on here think, you cannot just have sex with an unconscious person. There is nothing that counts as a "yes" other than actual consent. You may have the attitude that your bed is your boundary, but only you have that attitude. The women did not and neither does the law.
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
01:44 PM on 02/16/2012
It's called the "preponderance of evidence."

Since we don't know if the woman actually told him "no" we look at all the evidence and use it to reach a conclusion. All the evidence points to her giving him every sign she was willing to have sex with him.

Do you know women who get into a stranger's bed with the intention of not having sex?

In order to believe this woman's story we must believe everything she tells us. If she's leaving out one tiny detail that detail could be the difference of dropping the charges or sending a guy to jail for 25 years.

Don't you think it makes more sense to look at the evidence rather than assume she's not leaving out a key detail?
10:45 AM on 02/16/2012
May be he thought he was in heaven with two of those 32 virgins promissed by Osama!
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
10:33 AM on 02/16/2012
"This was a crime of opportunity — the defendant had a vulnerable, intoxicated woman in his hotel room and sexually assaulted her," Manhattan District Attorney Cyrus R. Vance Jr. said in a statement.

Can you believe it?

Yes, it's the same Cyrus R. Vance who tried to lock up that French diplomat and throw away the key. He wasn't able to pull that trick off because the Frenchman had enough money to hire the smartest lawyers in New York. These lawyers hired private investigators who drudged up all that dirt on the supposed victim.

In a sane world Vance would have been fired because of international rife he created -- without cause. In a sane world he would have never tried pulling a -- "opportunistic" -- stunt like that again. But this world isn't sane. He couldn't get the Frenchman so he's going to get a Saudi who's broke.

Sickening?

You betcha.
HUFFPOST SUPER USER
zooperman
10:18 AM on 02/16/2012
He really should have known better. Now he pays the price.
11:36 AM on 02/16/2012
Very sorry. Earlymorning - I wanted to press abuse button re: dhanuw comment = 32 virgins andObama and hit yours. Very sorry. Any idea how to retract this?
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HUFFPOST SUPER USER
Mulebone
You're heavy, and I'm not your Brother
10:09 AM on 02/16/2012
These prosecutors are quick to remind us "No, means, no," but some of them need to be reminded, "Yes, means, yes."

This prosecutor would have us ignore all the "yeses" these women gave this guy and only believe the "no" they say was given once he had penetrated one of them.

And I'm trying really hard to reconstruct the thing. How deep was this woman sleeping to not know someone had taken off her clothes?

OK, she holds the record for deep sleeping, but when she wakes up and finds the guy banging away, why does she think this rape?

Did he hold a gun to her head and make her get in his bed?

Had she never been told that when a woman gets in a man's bed chances are the man thinks it's for sex?

And I don't know about you tree-huggers and feminist out there but when a woman gets in my bed, I think that's a "yes."

And did anybody check to see if these women have rap sheets -- whether they actually are bartenders and not hookers?

Sound like real pros to me.
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HUFFPOST SUPER USER
CSKAP
Morlock or Eloi?
10:58 AM on 02/16/2012
I suspect if you awoke and you found a man "banging you", you’d think it was rape as well.
It doesn’t matter what you think really, if a woman says no, then it’s no regardless of when. If, in the middle of things she says “Stop” and you don’t its rape pal.
BTW you are Far from the “Last Nam Vet”
05:39 PM on 02/17/2012
SERIOUSLY FANNED! Thank you.
10:59 AM on 02/16/2012
I'd like to thing that my gender is sly enough to come up with this scam. Pretend you're bartenders, bar hop with this rich dude, go to his room and have breakfast while he's away tending to his Saudi prince, and then when he comes back and we're all in bed, accuse him of rape... sounds exhausting and far too dependent on circumstance. But, it COULD HAVE happened that way. My advice to this poor, innocent businessman? If you think it's too good to be true, it probably is. Keep it zipped. Keep yourself to yourself and you'll never experience anything like this... ever.
09:27 AM on 02/16/2012
I am stricken by these mysogynistic comments! While these girls showed poor judgment, neither asked to be raped. (I realise it was just one.) They were stoned and fell asleep in the bed fully clothed while he wasn't even there. He entered the bed making it his decision. While stoned (ie passed out), he removed one girl's clothing (some or all? - as we rarely get the full story unless we are part of the jury/courtroom or one of the people involved). She then comes to and discovers him ... I don't think this requires such vitriol towards these women.
11:06 AM on 02/16/2012
How do you "come to" when your drug and stoned - I'm sure a lot of people would like to know that so they could drive home after being out at a bar.
12:58 PM on 02/16/2012
I'm guessing having a man rape you might help stir you awake but then again, I'm just guessing
foresure
Brash and Harsh
11:13 AM on 02/16/2012
PiperSniper:

There are two concepts that might be applied here: What expectations might a reasonable person have? And the concept of "useage of trade".
01:01 PM on 02/16/2012
A reasonable "person" would not crawl into bed with two passed out women and start raping them.
05:41 PM on 02/17/2012
A reasonable person wouldn't have sex with someone unable to consent. That's called rape.