A college student in New York City died after being drugged and raped in her dorm room by two alleged drug dealers accused of lying to her about which drug she was ingesting — and then committing sex assault while she was unconscious, federal authorities said Tuesday.
On the heels of newly revealed gang rape allegations against fraternity brothers that have plagued Cornell University in Ithaca, New York, federal prosecutors downstate announced a new indictment against Moises Freire, a 19-year-old from the Bronx, and Brian Peralta Cabrera, an 18-year-old from Queens, for allegedly conspiring to distribute fentanyl that ultimately led to the fatal poisoning of a student at the Fashion Institute of Technology and the near-death of her friend in March.
Freire has also been accused of raping the woman who died while she was unconscious from the fentanyl. Neither Freire nor Peralta Cabrera were FIT students, according to the school.
“Two young college students, with their entire futures ahead of them, were allegedly deceived into taking fentanyl disguised as cocaine, leaving one dead and the other fighting for her life,” DEA New York Task Force Division Special Agent in Charge Christopher Roberts said in a statement.
“Even more horrifying is the allegation that one of these young women was sexually assaulted while unconscious and defenseless. College should be a place where young people can learn, grow, and pursue their dreams, not a place where predators exploit their vulnerability.”
Freire allegedly told Peralta Cabrera that he wanted to give drugs to the two college girls that would “last the entire night,” and that if Peralta Cabrera could provide drugs that were strong enough to make the woman addicted, according to federal prosecutors. He allegedly described the scenario as a “win-win situation.”
Peralta Cabrera allegedly provided fentanyl to Freire, and then, on March 18, Freire brought the drugs to the residence hall in Manhattan where the women were living, prosecutors said.
Despite previously calling the fentanyl “fake” and “poison,” Freire allegedly told the women that the drug was “pure cocaine” and did not contain fentanyl, according to prosecutors.
Freire allegedly encouraged the women to take the drug, and when they did, they lost consciousness almost immediately. While the women were passed out, Freire raped one of them and then waited about 45 minutes to get help, prosecutors said.
During those 45 minutes, Freire allegedly sent photos of the women to others. When he eventually went to campus security, he initially lied, saying that the women had too much alcohol, according to prosecutors.
Both women were taken to the hospital, but only one made it home. The woman who was allegedly raped remained in critical condition, while her friend regained consciousness. Prosecutors said the first woman died from complications of acute fentanyl intoxication.
Freire’s lawyer, Mitchell Schwartz, said in an April hearing that his client and the woman who died had a “sexual relationship” for more than a year and that Freire wasn’t trying to deceive the college girls, The New York Times reported. Freire “was repeatedly asked by the decedent to acquire drugs for her” over social media and text messages, Schwartz said.
The Independent has reached out to Schwartz for comment.
Freire and Peralta Cabrera were first arrested in March and later pleaded not guilty to initial charges that did not include the rape allegation, according to the Associated Press. There was also a third defendant, Harry Rosales Pino, who pleaded guilty in September to conspiracy to distribute narcotics resulting in death and serious bodily injury, per the AP. Rosales Pino will be sentenced in December.
In the superseding indictment, Freire and Peralta Cabrera were charged with one count of conspiracy to distribute a controlled substance resulting in death and serious bodily injury. If convicted, they face a minimum sentence of 20 years in prison and a maximum sentence of life in prison.
Freire is also charged with distribution of a controlled substance resulting in death and serious bodily injury and distribution of a controlled substance with the intent to commit rape. The first distribution charge carries the same potential sentencing as the conspiracy charge. The rape-related charge carries a maximum sentence of 20 years in prison.
After prosecutors announced the new charges Thursday, FIT President Jason Schupbach said in a statement, “Tragically, one of our students lost their life...in what was determined to be a fentanyl overdose. The following week, our community held a celebration of life that was a beautiful tribute to the student and their family and friends. I am grateful for how our community came together to support them.”
“We are also grateful for the swift action of our residential life team and campus public safety, whose actions led to immediate medical response for the victims and the detention of the suspect.”
For those affected by rape and sexual abuse, if you are in the United States, you can call Rainn on 800-656-HOPE (4673).
Rape Crisis also offers support. You can call them on 0808 802 9999 in England and Wales, 0808 801 0302 in Scotland, and 0800 0246 991 in Northern Ireland, or visit their website at www.rapecrisis.org.uk.
