A Peabody man accused of raping a Marblehead woman on Washington Street Sunday evening denied charges associated with the alleged attack in court Thursday morning.
Alex H. McMaster, 38, of 8 Walnut St., Peabody, pleaded not guilty Thursday to charges of rape and assault and battery. Judge Ellen Flately set his bail at $1,000 cash and ordered that he stay away from and have no contact with the alleged victim.
Flately opted to continue McMaster's case Wednesday afternoon after the alleged victim and McMaster each had a chance to testify.
The victim, who said she was drunk at the time of the attack, has made rape allegations against McMaster twice before, only to drop them.
During her testimony, the alleged victim testified that she, McMaster, and a 3-year-old girl had spent the day in South Boston before returning to her apartment on Washington Street to unpack items purchased at a Walmart in Danvers.
The alleged victim, who admitted to being a recovering alcoholic, told police she purchased and drank "about half" of a bottle of wine in a Danvers parking lot Sunday afternoon and was admittedly "tipsy" from about 3 p.m. through the rest of the night.
She also admitted to having consensual sex with McMaster several times in the days leading up to the alleged attack and noted that the pair had spent the holidays with her family.
According to the alleged victim's testimony, the attack began in the apartment she shares with another woman Sunday night, after McMaster noticed a text message had been sent to her by someone else.
She testified that McMaster attacked her and eventually forcibly raped her while the 3-year-old girl was within earshot in the next room.
Local police, she said, arrived on scene about 10 minutes after McMaster left the area and eventually placed her into protective custody for being heavily intoxicated. The 3-year-old, according to the alleged victim, was placed into the care of the Department of Child Services.
"I told them to take her," the alleged victim said while choking back tears Wednesday.
McMaster was arrested Monday morning at Peabody District Court while trying to obtain an emergency restraining order against the alleged victim.
During cross-examination, McMaster's defense attorney pointed out that the alleged victim has accused McMaster of rape twice in the past before dropping the charges.
He also noted that she reportedly didn't tell police she had been raped until well after she had been booked and placed in a holding cell to sober up.
After telling police she was raped, the alleged victim was reportedly transported from the Marblehead police station to Salem Hospital to be evaluated and photographs of her alleged injuries were admitted into evidence Wednesday.
Flately scheduled McMaster to return to court on Feb. 23 for a pretrial hearing.
Marblehead Patch will be posting additional information as it becomes available.