BOSTON — The alleged victim in Victor Pena’s kidnapping and rape trial testified Wednesday that Pena threatened to kill her during a horrifying series of events that occurred after she woke up in his Charlestown apartment following a night of drinking in Boston.
RELATED: In Victor Pena kidnapping and rape trial, witness testifies he urged Pena to let victim go
Prosecutors say the North Shore native was taken off the streets near Henessey’s on a weekend evening in January 2019 and imprisoned in Pena’s apartment, where she was raped for days.
Pena is on trial at Suffolk County Superior Court, charged with kidnapping and rape.
On the stand, the alleged victim told the court that she had just moved to Jamaica Plain from Scotland just days before the incident. She had been attending college in Edinburgh.
She told the court that she had attended a 90s-themed party in Dorchester on the night of the alleged kidnapping and rape, where she drank wine and did shots. She recalled going to Henessey’s with friends and having fun, adding that her next memory was waking up in Pena’s filth-covered apartment.
The alleged victim testified that she woke up naked on a bed without sheets in Pena’s messy room and attempted to leave but he allegedly stopped her.
In describing the rape, the alleged victim said, “I didn’t want to die, so I let him.” She then described offering to help Pena clean his apartment, stating, “Anything is better than being raped. I was trying to figure out anything I could do, to get him to let me go.”
Alleged victim: “I tried to get up and get out.”
Prosecutor: “What happened when you started to get up?
Alleged victim: “A man’s arm came over and stopped me.”
Prosecutor: “Did you do anything or say anything when he put his arm over you to stop you from getting up?”
Alleged victim: “I tried to say like, oh I have to leave, um, gotta go.”
Prosecutor: “Did he do or say anything when you said that?”
Alleged victim: “He wouldn’t let me leave and after I was like, no I have to leave he threatened to kill me.”
Prosecutor: “How specifically did he threaten you? What do you recall about what he said?
Alleged victim: “I think he just said like you can’t leave. Don’t get up or I will kill you.”
Prosecutor: “Did you do anything physically to try to stop him?
Alleged victim: “No.”
Prosecutor: “Why not?”
Alleged victim: “I just didn’t want to die, and he had threatened a couple of times to kill me.”
The alleged victim also claimed that Pena believed he had rescued her from possibly suffering frostbite and that they were going to start a family together.
She also told the court that she thought about jumping out of a window, but feared seriously injuring or killing herself.
She was later asked about whether or not she thought about fighting back.
Prosecutor: “Were there other things that went through your mind in terms of ways to get out of this situation?”
Alleged victim: “I thought through my options. Could I hit him with something? Hit him over the head?”
Alleged victim: “Could I hit him? Could I find a knife and stab him? But what I was thinking was that I only have one shot, and this was like a small apartment with a man who is larger and probably stronger than I am, so whatever I had to do I had to be 100% confident that it would work, and I wouldn’t be attacked back after.”
The alleged victim then talked about maybe using a large statue featuring the Statue of Liberty and the Empire State Building to attack Pena with.
Prosecutor: “So, you never actually tried?
Alleged victim: “Correct.”
During her time in the apartment, the alleged victim told the court that Pena made her drink alcohol and that he fed her canned fruit.
Prior to being rescued, Pena became nervous when he heard helicopters and knocking days after the alleged kidnapping, ordering the victim to be quiet and put her clothes on.
Alleged victim: “There was a helicopter, the sound of helicopters which is pretty average for the city, especially Charlestown being pretty close to downtown so I didn’t really think too much of it.”
Prosecutor: “Did you hear additional sounds closer to the apartment?”
Alleged victim: “Yes, there was a knock at the door.”
Prosecutor: “Describe the knock. Whether it was brief, long, soft, loud.”
Alleged victim: “Loud. Probably pretty firm, like a knock, knock.”
Prosecutor: “How many times did that happen?
Alleged victim: “A couple of times.”
Prosecutor: “Did you hear anybody saying in conjunction with the knocks?”
Alleged victim: “I believe so.
Prosecutor: “Do you recall anyone ever saying the word ‘police’?”
Alleged victim: “I don’t believe so.”
Prosecutor: “Did this man have any reaction to the helicopters and the knocks on the door?”
Alleged victim: “Yeah, he became a little nervous around the time that he heard the helicopters, and then once the knocking began, he definitely got anxious and continually told me to be quiet.”
Prosecutor: “Did he do anything else as those sounds continued?”
Alleged victim: “He got my clothes for me and told me to put on my clothes.”
The alleged victim then testified that she latched onto a Boston police officer and started crying as they took her out of the apartment.
Pena’s defense attorney only had a few questions, asking the alleged victim if Pena had made it clear to her that he was depressed over the deaths of his parents. She acknowledged that he had indeed made it clear.
While jury selection was previously taking place, Pena committed a lewd act in front of a court Zoom camera, so he is not attending his own trial in person.
Pena’s attorney hopes to mount a diminished capacity defense.
Check out Bob Ward’s live tweets from the trial below:
The victim has finished testifying, breaking for lunch now. My coverage on @boston25 5/6PM #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Defense atty: with helicopters in air, police at door, he wanted you to connect on What’s App?
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: Yes.@boston25 #TrueCrime @NEunsolved
Defense atty: did you learn he was depressed since his parents died?
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: he said he was depressed.
Atty: now he finds you and he is energized to clean the apartment
Victim: yes @boston25 #truecrime
Pena Defense attorney is having the victim confirm how messy the apartment was. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Pena Defense attorney is having the victim confirm how messy the apartment was. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Defense attorney now questioning victim. @boston25
— Bob Ward Boston 25 (@Bward3) July 20, 2022
The victim testified to how she was taken to BPD, then Mass General after her rescue. Prosecutor went thru cell phone messages sent and received during the incident. Now, she is identifying pictures from inside the apartment and where things happened. @boston25 #trueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: I latched onto a Boston Police officer, started crying. They took me out of apartment. Peña was on the kitchen floor, BPD Officer was holding him on ground. It was last time she saw Pena. @boston25 #TrueCrime @neunsolved.
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: The drilling stopped, he opened the door. I was in living room. BPD came in, I started crying @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: When turned on phone, saw Facebook news feed featuring pictures of Pena from MBTA. He told me to message a friend saying I’m ok I’m going home. All this while BPD drilling front door @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: he also gave me my phone and my keys. Phone was not turned on. He asked to add him on What’s App. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: then heard sound of a drill coming from the door. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: Pena became nervous around the time he heard the helicopters, once knocking began he got anxious. Told me to be quiet. Told me to put on my clothes. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: On Tuesday, I heard a helicopter, then loud knocks on door. Couldn’t hear any voices @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim said she only learned Peña’s name when she saw mail during cleaning. And that’s when she knew she was in Charlestown. She said she gave him a fake name. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
We are back in session. Victim said she noticed the front door had a lock that required a key from the inside. @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
We are breaking for a morning recess. The victim is describing a horrific set of events. She is in command of her facts. Sometimes her voice gets low, but she is testifying plainly in a very straight forward, matter of fact way.@boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim is describing many disturbing sex acts that took place in the apartment. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim said Pena had many “burner phones” in the apartment. “He took pictures of me” in the apartment. “He’d tell me to smile and pose” for the photos. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim said she considered hitting him, stabbing him, but knew she only would get one chance. I had to be 100 percent confident. But he is bigger and stronger. @boston25 #truecrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
In second escape attempt, victim got her boots on. Peña took them and hid them. Didn’t see them again until Tuesday. @boston25 #trueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim tried to escape on first night. Waited to hear him snore. First time, she didn’t get out of bedroom. Second time she got to living room, before he woke up. Second time, he got upset. @boston25 #TrueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim I couldn’t open a window or yell, there was no time (he was there in the small apartment) I couldn’t jump out a window, I’d kill myself or hurt myself. @boston25 #TrueCrime @NEunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim described other rapes, said she didn’t physically stop him because “I just didn’t want to die. He threatened a couple times to kill me”@boston25 @NEunsolved #TrueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: said she spoke to Pena in Spanish. He claimed he rescued her,that she would suffered frostbite if he didn’t find her. Peña also said they were going to start a family together. @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
After the rape, victim offered to help the man clean up the apartment. “Anything is better than being raped. I was trying to figure out anything I could do, to get him to let me go” @boston25 #TrueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
In describing rape, victim said “I didn’t want to die, so I let him”@boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim said she had no memory of having sex with the man. @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: I tried to say I have to leave, gotta go. He wouldn’t let me leave. He threatened to kill me. @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: I tried to get up and get out of the apartment. A man’s arm came over and stopped me. The man was also in bed. @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: I woke up naked, in a messy room. On a bed with no sheets or blanket. Floor was covered with debris and filth. It was still dark. Morning dark. @boston25 #TrueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: Last memory at Hennessey’s feeling tipsy, having fun. Next memory is waking up. Not knowing where I was @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: I remember dancing with my friends at Hennessey’s. And taking video of one of my friends @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim: at party for a couple of hours, then to Hennessey’s Bar near Faneuil Hall. I was feeling tipsy, nothing over the top. @boston25 #truecrime @neunsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim:Earlier in night first went to sisters North End apartment then to a 90s themed Party in Dorchester. At party drank wine and had Jell-O shots. @boston25 #TrueCrime
— Bob Ward Boston 25 (@Bward3) July 20, 2022
Victim is 27. From North Shore. Attended University of Edinburgh Scotland. Had just moved to JP a week before incident. @boston25 #TrueCrime @neUnsolved
— Bob Ward Boston 25 (@Bward3) July 20, 2022
This is a developing story. Check back for updates as more information becomes available.
Download the FREE Boston 25 News app for breaking news alerts.
Follow Boston 25 News on Facebook and Twitter. | Watch Boston 25 News NOW
©2022 Cox Media Group