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Seven-year sentence for man who had sex with unconscious woman

LOCKPORT – Jose Rosario, who was charged with slipping a drug into a Lockport woman’s drink before having sex with her as she was unconscious on the night of Aug. 10, 2013, continued to dispute the charge as he was sentenced Monday to seven years in state prison and 15 years of post-release supervision.

Rosario, 34, of Cottage Street, Lockport, pleaded guilty to two counts of first-degree sexual abuse after the woman completed her testimony in his trial Sept. 17. Rosario later had second thoughts and sought to cancel his plea, contending his trial attorney, Herbert L. Greenman, coerced him into it. County Judge Matthew J. Murphy III rejected that motion earlier this month.

Monday, Rosario said, “She took me to her house and one thing led to another.” He claimed the woman seemed to be enjoying the encounter.

“She was passed out,” Murphy replied.

“She was drunk. I was drunk,” Rosario answered.

“It still doesn’t give you the right to have sex with her,” the judge said.

Deputy District Attorney Holly E. Sloma said, “She was certainly drinking some alcoholic beverages that night, but in no way did she consent to any of the sexual activity.” The prosecution also had lined up testimony from Rosario’s alleged drug supplier, but Rosario pleaded guilty before he could take the stand.