A witness testified she was raped.

A doctor told the court it appeared she was raped.

Police found the suspect's semen on her panties.

She was asked several times how did you know you were being raped?

The Bronx school teacher identified Pena in the courtroom and testified that he raped and sodomized her at gunpoint and threatened to shoot her if she resisted.
A witness said he saw Pena from 12 feet away raping her on a wooden table.
Another witness heard her shout “No! No! No!” and saw “joyless” sex from her window.
An emergency room doctor
said redness on her vagina was consistent with rape.
DNA evidence from Pena’s semen found on her underwear.

THE DEFENSE

The law says the prosecution has to prove penetration.
He admitted assaulting the woman, but insisted there was no vaginal penetration ��" therefore no rape.
No DNA evidence of Pena was found inside the woman.
When the ER doctor was cross-examined, he couldn’t say with certainty when the redness on the victim’s vagina was caused.
Pena’s lawyer said the witness was too far away to see if the officer penetrated the woman.
Pena’s lawyer questioned the victim’s account as well, repeatedly asking her how she knew she was being raped.

And even the cop accused of brutalizing the Bronx school teacher admitted assaulting her.

The jury convicted the former police office of sodomy & of sexual assault but not rape.

Pena, who was convicted by the same jury Tuesday on six counts of predatory sexual assault and first-degree criminal sexual act for sodomizing her, will be sentenced on May 7. He has been fired by the NYPD.