“What did you do!?”

Ivelisse T., (born in 1973), is the mother of three children: Wesley R. (date of birth, January 4, 1993), Marcos S. (date of birth, December 18, 1998), and Rosaly S. (date of birth, May 6, 1995). Wesley was born in the Dominican Republic. Ivelisse moved to the United States when he was about one year old. Wesley remained in the Dominican Republic where he lived with a paternal aunt and his paternal grandmother. His mother visited once each year and he spoke to her on the telephone on weekends. When he was 12 years old, his paternal aunt got married and moved to Florida. On July 4, 2006, Wesley moved to the United States. After his arrival, he lived with members of his extended family. In early 2007, he moved to New York to live with his mother, her husband and his two half-siblings.
On December 30, 2007, at approximately 9:30 PM, Ivelisse, her husband and Wesley, went to a party at a cousin’s house. Rosaly and Marcos were in New Jersey visiting their father. At the party, Ivelisse drank two Coronas and several glasses of a chocolate drink. Her husband drank approximately eight shots of Johnnie Walker Red and Wesley snuck about half a glass of rum. The family members left the party at approximately 12:30 AM. They arrived at home at about 1:00 AM. Wesley was hungry. His stepfather gave him $20 to go out and get something to eat. He went to a local bakery that was opened all night. After returning home, Wesley ate. He said he wanted to sleep with Ivelisse because he was scared. At first, she refused; however, Wesley continued to ask and eventually she relented and allowed him to sleep in her bed. The stepfather went into the living room to watch television. The apartment is relatively small and, as a result, the stepfather was never more than five feet away from where his wife was with Wesley. The stepfather fell asleep for approximately one to one-and-one-half hours.
At approximately 3:00 AM, Ivelisse called out to her husband. She was crying. She said to Wesley, “What did you do to me!?” The stepfather then entered the room. Wesley was sitting on the bed. Ivelisse was standing. Ivelisse then packed Wesley’s belongings telling him he could not live in the house anymore. Ivelisse wanted to send Wesley back to the Dominican Republic. She wanted to “take him personally to talk to his father and his grandmother;” however, she could not find the documents she needed to travel. Ivelisse called a taxi cab and began to head toward the airport with her husband and Wesley. Within several blocks, she changed her mind. She then told the cab to take them to the 90th Precinct. They arrived at the precinct at approximately 7:00 AM on December 31, 2007. Ivelisse and Wesley were met by an officer who interviewed Ivelisse twice. The officer said that when she first met Ivelisse, she was crying. She said that her son had raped her. She told the officer that she had allowed Wesley to sleep in her bed since he was afraid of the dark. Her husband went into the living room to watch television. The mother then went to sleep in the bedroom with her son. When she woke up, Wesley was touching her face and kissing her lips. She turned away from him and rolled over to face the wall. She then pretended to be asleep. He pulled her panties aside and down. He turned her on her back. He put his finger into her anus He then got on top of her. He put his leg in between her legs and pushed her legs apart. He placed his penis in her vagina. After that, she pushed him away and stood up. She said that she did not know if Wesley ejaculated; however, she knew that her panties were wet.
Ivelisse said she did not stop her son sooner because she “could not believe that he would do something like that.” In addition, she reported that she wanted “to see how far he would go.” She “wanted to see for herself what his intentions were.” She “didn’t know he would get where he got.” She said that she was “totally incredulous and confused and really wanted to know what he was pretending to do.” When Ivelisse was asked whether she did anything to stop Wesley, she testified that the only action that she took was to turn over toward the wall after he first kissed her. Ivelisse acknowledged that she did not cry out or tell her son to stop. She did not stand up or get out of bed. She did not immediately call her husband for help. She did not tell her husband what happened when he first entered the room. She did not call the police. She refused to do a rape kit at the hospital.
When Wesley was interviewed by the officer, he said that, after eating, he told his mother that he wanted to sleep in her bed because he was scared. His stepfather went into the living room to watch television and he went to sleep in his mother’s bed. According to Wesley, the only thing he remembered after that was having a “wet dream” about “having sex with a girl.” He said that he ejaculated. He said that the next thing that he remembered was waking up at 3:00 AM with his mother standing over him saying, “What did you do!?”

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