A Hudson Valley man is accused of having sex with an unconscious female friend.

Following a complaint received by the White Plains Police Department Saturday morning, a joint investigation with the Elmsford Police Department and the New York State Police resulted in the arrest of Benjamin A. Gomez, 24, of White Plains for having sexual intercourse with an unconscious female acquaintance who was unconscious.

Police say because the victim was passed out she was unable to consent to sex.

Gomez was charged with first-degree rape, a class B felony. He was remanded to the Westchester County Jail in lieu of $150,000 bail.

Gomez is scheduled to reappear in court on Sept. 19.

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