Waiter arrested for allegedly raping drunk friend

A restaurant waiter was arrested Friday night for allegedly raping a female friend who was intoxicated after their drinking session for her birthday celebration at her home in Garapan.

Mark Lester Presas David, 31, was arrested for sexual assault in the first degree, sexual assault in the second degree, assault and battery, and disturbing the peace.

Police said David denied sexually assaulting the woman but admitted returning to her apartment and lying down next to her on her bed.

A doctor at the Commonwealth Health Center told police that examination indicated signs of penetration and abrasions on the victim’s sexual organ.

The alleged victim told police she never had any sexual experience before and that she was hurt and angry because she could not believe that David, whom she considers a friend, would do that to her.

At a hearing yesterday, Superior Court Associate Judge Joseph N. Camacho imposed a $50,000 cash bail and set the preliminary hearing on March 31, 2015 at 1:30pm.

Attorney Janet H. King was hired as counsel for David.

Police detective Therese S. Kintoki stated in her report that Sgt. Anthony Macaranas received Friday afternoon a text message from a friend about a rape incident. Macaranas proceeded to an apartment in Garapan, where he met the text sender and the alleged victim.

Macaranas reported the incident to the Department of Public Safety Central Dispatch. After a few minutes, an ambulance came and brought the woman to the hospital for examination.

Kintoki said that, according to the alleged victim, she celebrated her birthday on Thursday night with David, a female friend, and a male neighbor. She said they were drinking liquor, eating a late dinner, and watching television. They finished at 2am, after which the alleged victim’s visitors left, but the female friend told her that David would return.

At 3am, David returned, knocking on the door. She opened the door and when she saw it was David, she walked back to her bed and fell asleep because she was feeling intoxicated.

At 6am, the woman said she was awakened when she felt someone was touching her privates. She told David to stop, while kicking him and pushing his face.

When David later left, she felt her legs were sore as well as her arms and private parts.

The alleged victim sent a message to David via Facebook, telling him she would report the matter to police and that she could not believe he would take advantage of her. She stated she never had any relationship with David, who would always joke around about her being his girlfriend.

She said she has no family on Saipan and was afraid because David has a lot of family on the island.

On Friday at 9:55pm, police arrested David and brought him to the Department of Corrections, where he was detained.