The sister of Damien McGuinness, a Derry man accused of raping a woman in New York City, maintains her brother is innocent.
Speaking to the Irish Voice, his younger sister Mikayla McGuinness defended the allegations made against the New York bartender.
“Anyone that knows my brother knows he is innocent and decent bloke,” she told the Irish Voice.
Damien McGuinness (22) was arrested early last Thursday morning on charges of sexual assault against a female tourist who was visiting a friend in New York.
“My brother is such a gentleman. He would never harm anyone especially not in the way this tourist is accusing him. My family are distraught with this appalling news. It's so heartbreaking knowing that my big brother is stuck in jail and is being accused of being a 'rapist,'” she said.
“Hopefully this investigation is sorted out soon,” she concluded.
Family members of the Derry man have flown from Ireland to be by his side.
“His family has traveled from Ireland and they are here now,” his attorney, Brad Sage, told the Irish Voice.
Appearing in Manhattan Criminal Court on Tuesday, the case against McGuinness was adjourned until September 12, allowing the prosecution more time to investigate the allegations made against the Irishman.
Described by one co-worker as “a great guy and a great friend,” McGuinness, who works as a bartender in Dalton’s Bar and Grill in Hell’s Kitchen, faces first-degree rape charges.
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“They all love him here and we just hope he comes out of this, we want it all to end now,” a co-worker told the Irish Voice.
McGuinness remains in custody and had not posted bail of $5,000. He is being held at the Manhattan Detention Complex.
The Derry man has been accused of sexually assaulting a woman early Thursday morning, after his friend Brian Duddy, 24 and also from Ireland, had consensual sex with her in a Claremont Avenue apartment blocks from Columbia University in Manhattan.
"Anything that transpired was of a consensual nature," McGuinness’s court appointed public defender Sage told the judge in Manhattan Criminal Court last Friday.
According to prosecutors, McGuinness and Duddy had been socializing in an East Side bar with the alleged victim and her friend before the four proceeded to return to the other woman’s apartment, where the incident occurred.
"What started out as a consensual encounter between the defendant's friend and the complaining witness ended with the defendant raping (her)," prosecuting assistant district attorney John Temple told Manhattan Criminal Court Judge Anthony Ferrara last Friday.
Temple told the court the woman called police at 4:45 a.m. last Thursday morning soon after McGuinness and Duddy had left the premises. Both men were arrested in a subway station close by at 5:20 a.m.
Although Duddy was arrested he was later released, and prosecutors declined to comment on why the charges against him had been withdrawn.
McGuinness, a college student in Ireland, has been living in Queens. If he is able to post bail of $5,000 – prosecutors had sought a higher $25,000 bond - he will have to surrender his passport and license, though he told the judge that he recently lost both documents.
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Switch to the desktop site to post a comment.justice4girl | Sep 03, 2011, 01:12 PM EDT
I think that yes he has to be proven innocent.It takes a lot of courage to report a rape.I think if it was a drunken mistake or the girl had doubts,she would have dropped the charges already?If this was on home soil would so many be so quick to defend him?If it were your daughter or sister or friend that this happened to?Empathy and support to the real victim here.
derrybhoy | Aug 19, 2011, 11:19 AM EDT
@JohnnyMac - Maybe (and I'm assuming being from Derry) he traveled on an Irish passport and would therefore require assistance from the Irish Consulate. Narrow minded comment.
maggiemae78 | Aug 19, 2011, 10:41 AM EDT
Well, one person on here seems to think 'accused' equals 'guilty' and that because a woman cries rape she must be telling the truth. It wasn't mentioned in this article but the alleged victim initially said that Duddy held her down while Mcguinness raped her. Brutal, right? Except Duddy was released fairly quickly after his arrest, so I guess we can assume that she was lying in her orginal complaint. And once Duddy was released he automatically became a witness and he states no rape was committed. And now the prosectuion need more time to investigate the allegations against McGuinness so I guess they don't have enough physical evidence to prove their case. It doesn't sound like they have much of anything except a he said/she said account and those are notoriously difficult to prove. And she already lied so her credibility is questionable at best.
Pittsburghkid | Aug 19, 2011, 08:17 AM EDT
The Irish Ambassator should get involve. American Rape Law is against the man. Read the case against the Frenchmen. A 62 year old man, who probably needs help in performing, is charge with rape. The man was naked at the time of the assult. He attacked the maid grabbed her crotch, and started to perform oral sex. There is something wrong with American Sex Laws, because the accused is presummed guilty. The so called victim's charges are the proof. The accused can not question the victims character, or past record. American men are being bulled by woman. If you do not believe me, then watch American TV. The men on American TV are stupid wimps. I quit watching American TV years ago, but I see a little bit every so often.
trooper1953 | Aug 18, 2011, 05:09 PM EDT
It's sad but today you have to be careful as a man when you "hook up" , "date" or even talk to a woman.. The men who see rape as the only means of having a relationship with a woman , have ruined the social scene for both sexes. Everyman and woman should realize that..If a womean agrees to go home with you or take you home with her you should video tape the whole consent, then realize that at any point see says stop you gotta stop...If she is drunk run like hell .
castlesampson | Aug 18, 2011, 05:03 PM EDT
The truth will come out
ohrightyeah | Aug 18, 2011, 12:23 PM EDT
I don't think its appropriate to be allowing people to comment on this story. Out of respect for the victim, the accused and the judicial process, we should let the case play out. None of us know the evidence, so all these "He's a good lad and well liked" comments mean nothing. Personally I don't think the media should be naming anybody until they are CONVICTED of something like this. As someone else mentioned, this young man's reputation is already tarnished by the very accusation. If he's innocent, this is extremely unfair. If he's guilty, there's plenty of time for naming and shaming after the trial.
barrington | Aug 18, 2011, 11:41 AM EDT
His friend stated that it was all consensual, no rape, so he's supporting McGuiness' version of events. It would hardly be his fault that McGuinness is still in jail...why wouldn't they still be friends? Maybe the fact that he doesn't have a passport is complicating the bail issue since I'm sure his own family would put up the money...he's a foreigner who could flee. I don't know, I'm simply responding to what the media is putting out there and so far, it seems the girl's version of events don't fit since one of the accused had all charges dropped. Also the fact that the prosecution needs additional time to investigate the allegations shows that, at present, they don't have an airtight case by any means. Why believe the man, you ask? Well, based on what you've read, why would you just assume the woman is telling the truth? Actually, in most cases of rape, women are believed and the police take the accusations very seriously (as in this case) BUT up to 10% of rape accusations are false (could be higher) and innocent men have gone to jail. Whatever you choose to believe, the alleged victim (rightly) remains anon while the accused has his name, picture and nationality splashed all over the internet and he hasn't even been convicted of a crime. As a previous poster said, his reputation is already ruined. Hardly fair if it turns out he's innocent.
nytreader | Aug 17, 2011, 11:07 PM EDT
If he's so well liked by his co workers and owners of the pub, why haven't they helped put up a measly $5000? The question is why does everyone take a man's side. His friend was let off, seems this isn't going to be a friend for long.
barrington | Aug 17, 2011, 10:20 PM EDT
Actually, the prosecution have to prove his guilt, so the burden of proof is on them & the alleged victim, not the defendant. The defence just needs to provide 'reasonable doubt'. Well, in theory anyway. It seems the media decides who's innocent or guilty these days...
pilib04 | Aug 17, 2011, 09:30 PM EDT
Damien has already had his reputation ruined. Even when he eventually "proves" his innocence he will still be a marked man. Just out of curiosity, if you are innocent until proven guilty, why is it you have to prove your innocence?
barrington | Aug 17, 2011, 09:22 PM EDT
Being accused is not the same as being convicted....he's entitled to his day in court and until then, innocent until PROVEN guilty...? What compelling evidence is there that the girl is telling the truth? The other accused lad was released and allowed home, so I'd question her credibility based on that. Actually, he's also well-liked by his co-workers at Dalton's Pub, not just those who drink there. And are you suggesting that all people who drink in pubs are drunkards with bad judgement?
nytreader | Aug 17, 2011, 08:45 PM EDT
What is all this bullshit about helping him! Just some sore feelings from the young lady! This is why the god dam catholic church has ruined so many young Irish. We let people get away with criminal acts. The man is accused of raping a woman. He's not even in his own country. He's well liked at a pub, by people who drink all the time. What is wrong with this picture?
JohnnyMac | Aug 17, 2011, 05:38 PM EDT
1st - to Mandrake: it was Duddy released, not McGuinness. 2nd - to Suivness10: He is from Northern Ireland, he would not contact the Irish Consulate, he would contact the UK consulate. 3rd - I'm sure there is just some sore feelings somehow attached to the young lady's complaint, but this still needs to be thouroughly investigated. Both sides require attention in this case. 4th - The man is so well liked by all at Dalton's Pub, why haven't they passed the hat to collect 5 Grand and get the poor guy out of jail. Come'on folks...step up and help ur man.
kickboxer | Aug 17, 2011, 05:26 PM EDT
as i said i know damien very well he is a stand up guy hope its not long before hes home,as for damien being in the usa every other irish guy you talk to want to go to the usa to follow the great american dream,god bless all involved hope this is a learning curve for everyone,
mandrake | Aug 17, 2011, 04:22 PM EDT
Released and re-arrested? His cheque must have bounced.
Liamkeyes | Aug 17, 2011, 03:54 PM EDT
lost his papers??? He's probably in the Country illegal which won't help his case. It seems it happens all the time with these drunken parties. It ends up in court and then the defending attorney makes a slut out of the woman and then before you know it...Case dismissed.
Suivness10 | Aug 17, 2011, 11:36 AM EDT
He lost his license and passport? And didn't report it immediately to the Irish Consulate? Either he's stupid or very strange.
nytreader | Aug 17, 2011, 11:09 AM EDT
He lost his license and passport? Good luck getting bail.
bootsjoyce4 | Aug 17, 2011, 10:20 AM EDT
I think he'll be cleared once the evidence is out.
lunastar | Aug 17, 2011, 10:11 AM EDT
I think he is innocent...Set him free.!!