MIAMI – Prosecutors dropped charges against a man accused of rape in Miami Beach.
Authorities had arrested Emmanuel Patrick Toussaint, 35, of Brooklyn, New York, in March after accusing him of participating in the gang rape of a helpless victim at the Mondrian South Beach Miami hotel at 1100 West Ave.
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But Miami-Dade prosecutors declined to pursue the case, dropping all charges on June 27.
Assistant State Attorney Michael Fente wrote in a no-action memo that the state “could not prove beyond a reasonable doubt that the Defendant knew or should have known that the Victim was unable to consent to sexual intercourse.“
“The Victim appeared able to walk under her own power and seemed coherent in her text messages sent at or around the time of the alleged incident,” he wrote. “While there are clear indications that the Victim was intoxicated, there is not enough evidence at this time to prove the charges beyond a reasonable doubt that the victim was either helpless or that she did not actually consent to engaging in sexual intercourse.”