A Greensburg man was convicted Thursday of the rape of an unconscious woman who claimed she was drugged and unable to fend off two attackers last year.
Westmoreland County jurors deliberated about two hours Thursday before finding Benjamin Davis, 22, guilty of felony rape and conspiracy counts.
Two women, ages 24 and 22, testified during the two-day trial before Common Pleas Court Judge Christopher Feliciani that they were each assaulted by two friends they picked up on Jan. 18, 2018, to smoke marijuana and socialize at their Greensburg home.
One woman testified she fell asleep and when she awoke found Davis and another man, Levi Evans, 21, of Greensburg, forcing themselves on her and that she felt paralyzed and was unable to fend them off. A second woman said she heard her friend call for help but that she, too, was unable to move.
“They tag-team raped this woman in the middle of the night,” said Assistant District Attorney Jim Lazar.
Both women testified they did not consent to having sex with Davis and his friend and told jurors he and their other attacker attempted to dissuade them the next day from going to police.
Davis did not testify during the trial and the defense presented no witnesses.
Defense attorney Michael DeMatt argued that Davis should be acquitted because the women’s testimony could not be believed. He questioned the veracity of their story, saying details of their testimony varied from other accounts they previously gave to police.
The jury said Davis was not guilty of one count of possession with the intent to deliver a controlled substance.
Lazar said Davis could face up to 40 years in prison when he is sentenced in three months.
Evans is awaiting trial on charges of rape of an unconscious victim, attempted rape and conspiracy. His trial is scheduled to begin in August.
