A social justice advocate and former Boston prosecutor has been indicted for allegedly raping a lady at a New York Metropolis lodge, the Manhattan District Lawyer’s Workplace introduced Tuesday.
Adam Foss, 42, of Los Angeles, was freed with out bail at his arraignment in Manhattan Supreme Courtroom, the place he pleaded not responsible to prices of first-degree rape and sexual abuse.
Choose Curtis Farber granted him supervised launch on the request of prosecutors, with the situation that he give up his passport, the DA’s workplace mentioned.
Foss — a public speaker and founding father of the social justice group Prosecutor Influence — is accused of raping a 25-year-old girl whereas she slept in a room at a Midtown lodge on Oct. 21, 2017.
He and the sufferer had been calling and texting for a month previous to the date, when she repeatedly rebuffed his efforts to have intercourse earlier than the 2 fell asleep, prosecutors mentioned.
Foss, who’s given lectures on felony justice reform for TED Speak, then allegedly took benefit of the lady as she slept and “was incapable of consent by motive of being bodily helpless,” the indictment alleges.
Singer Raegan Sealy in 2020 publicly accused Foss of raping her after the pair met at an occasion the place she was performing and he was giving a speech. A spokesperson for the DA’s workplace mentioned they couldn’t verify whether or not the lady within the indictment was Sealy, as they don’t reveal sufferer identities.
In an essay on Medium, Sealy claimed she advised Foss, “I’m not having intercourse with you tonight, you’re too drunk” earlier than repeatedly telling him to cease as he continued to attempt to provoke the sexual encounter.
Lastly, he relented, saying, “Nice. Night time Raegan,” she wrote. However then in the course of the night time, Sealy claimed, she awoke to Foss having intercourse along with her.
“I used to be in an excessive amount of shock to say something. I didn’t inform him to cease. I froze,” she wrote.
Foss’ lawyer Robert Gottlieb referred to as the allegations “preposterous” and mentioned the encounter was consensual.
“The complaining has quite a few instances made statements that mirror a consensual relationship that she needed to proceed even after the date that she alleges that a crime occurred,” Gottlieb mentioned in courtroom.
“There may be proof identified to the prosecutors that even following the date at situation the complaining witness despatched texts and was sexting with our consumer within the hopes of constant a sexual relationship.”
Gottlieb additionally mentioned that racial dynamics had been at play, together with his consumer being black and the alleged sufferer being white.
“The phrases, the accusations, the assaults on him mirror longstanding racial stereotypical assaults on a black man,” Gottlieb mentioned.
Foss labored as an assistant district lawyer in Suffolk County, Massachusetts, which covers Boston, between 2008 and 2016.
Final 12 months, Suffolk County District Lawyer Rachael Rollins issued an apology to 2 ladies who interned within the workplace as college students and with whom Foss was allegedly “unprofessional” and inappropriate.
The alleged conduct wasn’t discovered to be felony, Rollins mentioned.
“I thank this courageous survivor, who had the braveness to return ahead and share her story,” mentioned Manhattan District Lawyer Alvin Bragg in a press release saying the indictment.
Further reporting by Steven Hirsch
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