Man accused of raping unconscious woman wants charges dropped
The attorney for a Washington County man accused of raping a woman who allegedly passed out at a cabin in Henry Clay Township last year is asking a Fayette County judge to drop the case, claiming the prosecution can’t prove the woman was unconscious.
Michael “Chunk” Dante Panconi, 24, of 25 Linden Lane, Burgettstown, faces charges of rape of an unconscious person and sexual assault. Police said the charges were filed after the alleged victim, a 23-year-old woman, reported to police that she had been drinking and smoking marijuana with friends at Yough Lake on the night of Sept. 1, then passed out in bed where her sister later observed Panconi having sex with her.
The Herald-Standard does not identify the victims of alleged sexual assault.
His attorney, Wendy Williams, argued in a motion filed on Monday that the alleged victim was also observed on top of Panconi at some point during the encounter.
“Evidence that (the alleged victim’s sister) observed (the alleged victim) on top of defendant suggests that (the alleged victim) was not only a willing participant in the sexual activity with defendant but physically maneuvered herself on top of him, so as to indicate that she was not ‘unconscious,'” Williams contended.
Additionally, Williams argued that the prosecution has not presented any evidence that Panconi was aware the alleged victim was too intoxicated to consent to sexual activity.
According to testimony from the preliminary hearing, the alleged victim drank a shot of moonshine before the group went out, then four or five mixed vodka drinks at one bar and another at the second bar. The group smoked marijuana on the way back to the cabin from the bar, according to testimony.
When they came back to the cabin, the alleged victim went to bed while some of the others made food, and the woman’s sister found Panconi having sex with her when she came to check in on the woman. The alleged victim and her sister left the cabin and stayed the rest of the night at a hotel, Williams wrote, but did not call police.
The alleged victim learned what her sister had observed at the cabin and sent text messages to Panconi the following day, in which he allegedly confirmed he had sex with her, Williams wrote.
In the text messages the woman also expressed to him that she had no recollection of having sex.
A judge will rule on the motion at a later date.