Guilty plea in Penn assault case

An evening of drinking and clubbing turned sour for one female Penn student and her male companion when the night ended in what some would consider rape.

South Philadelphia resident Alec Rosenberg, 28, plead guilty earlier this month to indecently assaulting the student on January 17, in addition to a drug charge.

Rosenberg was not brought up on rape charges due to negotiations between his attorneys and the Philadelphia District Attorney's Office. The district attorney's office did not seek a rape conviction for a variety of reasons.

"It was a proof issue," Assistant District Attorney Gina Smith, who handled the case, said. "The victim in this case could not remember saying no, saying stop, she couldn't remember moving, she couldn't remember if she said yes, she couldn't remember saying anything. She could only remember that she woke up."

The student couldn't remember what transpired on the January evening because of a drug Rosenberg gave her.

The two had been socializing at a Center City nightclub before returning to Rosenberg's apartment to drink some wine.

At the apartment, Rosenberg administered a heavy sedative to the student, who fell asleep shortly thereafter. She awoke briefly to see that Rosenberg was having sex with her, but she was unable to react and quickly fell back asleep.

The University Police Department's Special Services Director Patricia Brennan said the student at first refused the sedative, but took it when Rosenberg said it would enhance her alcohol buzz.

"She had no idea that what she was ingesting was ... a date rape drug," Brennan said.

Brennan has been helping the victim through the recovery process.

Although the student took the drug of her own volition, Brennan said "she was not voluntarily ingesting a date rape drug. [Rosenberg] didn't identify the drug properly to her."

Rosenberg used Ambien, a prescription sedative. When Ambien is combined with alcohol, however, it can sometimes cause amnesia, paralysis, and hallucinations.

Rosenberg claimed he had also taken the pill prior to the incident, and claimed that, because he was not affected by the drug, he assumed the victim was not either.

"The student knew [Rosenberg] had used [Ambien] in the past, but it's very unclear as to whether he took it that night or not," Brennan said. "He told her he did, but we don't know that."

"But he had the presence of mind to force himself on her," Brennan added.

Rosenberg was sentenced to two years' probation, and was ordered to undergo drug testing and participate in counseling for sexual offenders.

Even though sexual intercourse with an unconscious person does constitute rape under the legal definition, Smith and her client felt they did not have enough evidence to successfully charge Rosenberg with rape.

"Because [the student ] was under the influence of drugs, she was prevented from accurately recounting what happened to her," Smith said.

The student was also hesitant because Rosenberg -- who had no prior criminal record -- was someone she liked and was attracted to.

If the student decided to go to trial, she could not be sure that Rosenberg would be convicted.

"This resolution allowed her to come through this and resolve this while it still punished him sufficiently," Smith said.

Brennan added that "all parties agreed in order to avoid the publicity of trial, and to avoid further victimizing the student."

The student is part of a small minority of date rape victims to actually report the crime.

"[Date rape] is the most underreported crime," Brennan said. "Many victims blame themselves because they feel... that if they would have acted differently they wouldn't have been involved in this."

Brennan also noted that the victims who do report incidents of date rape often fear social isolation.

They fear they will be ostracized by other students," she said.

Please note All comments are eligible for publication in The Daily Pennsylvanian.