Stairwell Rape Case At City Center Mall In White Plains Leads To 16-Count Indictment

WHITE PLAINS, NY — A Queens man was arraigned in connection with the rape of an unconscious woman at a White Plains shopping center.

Westchester County District Attorney Susan Cacace announced on Tuesday that 22-year-old Xavier Fonseca Overton, of Queens, was arraigned on a 16-count indictment in connection with his alleged rape of an unconscious woman, over several hours, inside a stairwell at the White Plains City Center.

Fonseca Overton was charged with six felony counts of first-degree rape; one felony count of first-degree attempted rape; six felony counts of first-degree sexual abuse; two felony counts of third-degree aggravated sexual abuse; and one misdemeanor count of second-degree unlawful imprisonment.

He pleaded not guilty to the charges when he was arraigned Tuesday. The judge provided a temporary order of protection on the victim's behalf. Fonseca Overton is due back in court on June 9.

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"This 16-count indictment represents the abject mercilessness of the defendant's alleged conduct," DA Cacace said. "He is accused of victimizing a woman, over the course of hours, when she was completely helpless and unable to defend herself, let alone consent to sexual contact. I applaud her for her tenacity and strength in coming forward to report this incident. We will continue to support her throughout every phase of this process."

As alleged in a felony complaint, in the overnight hours of April 7 and 8, Overton was 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.

Overton lifted the victim's unconscious body and repositioned her before sexually assaulting her, according to the allegations. 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.

Overton then redressed the victim and waited several minutes before removing her clothes again and raping her again, the felony complaint alleges.

Overton continued subjecting the victim to repeated sexual contact, despite her inability to consent because of her lack of consciousness, the DA said.

DA Cacace commended 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.