The case continues against a young Derry man accused of rape in New York City last month.

Damien McGuinness was arrested on August 11 and charged with first degree rape.  The 22-year-old had been working as a bartender in Manhattan.

Despite three court appearances since his arrest, McGuinness remains in custody waiting to hear if the case against him will go to trial. He denies the charges made against him.

Due in Manhattan Criminal Court on Monday, September 12, the case was once again adjourned until September 26 to allow the prosecution to continue its investigation.

“The district attorney needs to complete the investigation,” McGuinness’ attorney Wyatt Gibbons, told the Irish Voice on Tuesday.

“I think there will be a resolution but it is too soon to tell,” he added.

After the initial arrest, McGuinness’s parents flew from Ireland to be by his side.

“He and the family are holding up as best to be expected,” Wyatt said.

Despite bail of $5,000 being posted on his behalf, McGuinness is unable to be released from Manhattan Detention Complex as he had previously overstayed his holiday visa.  His bond has since been reduced to $1.

“He is in immigration hold and he is not going anywhere,” Wyatt said.

“Damien will end up being deported. He wants to go home,” he added.


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On the night of the incident, McGuinness and his friend Brian Duddy first met the alleged victim and her friend at an East Side bar before the four returned to the other woman’s Claremont Avenue apartment, close to Columbia University in upper Manhattan.

The alleged victim, who was visiting New York, told police she had consensual sex with Duddy before she claims McGuinness forced himself on her. Her friend was not in the room at the time of the alleged offense.

The two men left the apartment soon after and she contacted police. Court documents show that McGuinness was arrested at 5:20 a.m. on the Upper West Side of Manhattan.

From the outset, McGuinness’ defense has maintained that any sexual encounter between the pair was of a consensual nature.

McGuinness’s co-workers previously told the Irish Voice McGuinness, who had been living in Queens, is “a great guy and a great friend.”

“They all love him here and we just hope he comes out of this. We want it all to end now,” the co-worker added.