Westchester County District Attorney Susan Cacace announced today that Xavier Fonseca Overton, 22, of Astoria, was charged with multiple felonies in relation to his alleged rape and sexual abuse of an unconscious woman, over the course of hours, inside a stairwell at the White Plains City Center. Overton was arraigned on a felony complaint Thursday charging him with five counts of Rape in the First Degree, a class B felony, and one count of Sexual Abuse in the First Degree, a class D felony.
White Plains City Court Judge Mary Jo Blanchard set bail at $750,000 cash/$1 million bond/$2 million partially secured bond. Judge Blanchard further provided a temporary order of protection for the victim. The defendant is due back in court Monday.
DA Cacace said: “What the survivor in this case endured in that stairwell is a nightmare come to life. The defendant is accused of committing an unmerciful assault while she was at her most vulnerable, unable to consent or even recognize what was happening to her. I commend her for her bravery in coming forward to report this incident, and my office will seek full accountability for the defendant and justice for the survivor. She has the support of my entire office through every phase of this process, as do all survivors of sexual abuse in this county.”
As alleged in a felony complaint, in the overnight hours of April 7 and 8, the defendant was located in a stairwell at the White Plains City Center with the victim, who appeared to be unconscious, according to video surveillance footage capturing the entire incident.
The defendant is then alleged to have lifted the victim’s unconscious body and repositioned her before sexually assaulting her. He then lifted her lifeless body off the stairs, removed her clothes, turned her on her stomach and raped her, according to the felony complaint. The defendant redressed the victim and waited several minutes before removing her clothes again and raping her again, the felony complaint alleges.
The defendant allegedly continued subjecting the victim to repeated sexual contact, despite her inability to consent because of her lack of consciousness.
DA Cacace commends the White Plains Department of Public Safety for its investigatory work on this case. The case is being prosecuted by Sex Crimes and Human Trafficking Bureau Chief Michelle Lopez.
