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Rape trial of Allyn Fye of Amherst begins in Hampshire Superior Court

Fye, 27, of 288 Grantwood Drive, Amherst, has pleaded not guilty to two counts of rape and two counts of indecent assault and battery on a person over 14.

Lawyers presented opening statements in the jury trial Tuesday morning in Hampshire Superior Court before Judge Richard Carey.

Prosecutor Carrie Russell said that after a day of partying on March 5, 2011, including visits to the annual “Blarney Blowout” St. Patrick’s Day festivities in Amherst, the alleged victim and a group of others gathered at a Main Street apartment. As a matter of policy, the Gazette does not identify victims of alleged sexual assaults.

Fye was also at that party, Russell said, and at about 5 a.m. attacked the alleged victim, who had decided to sleep on a downstairs couch while the residents of the apartment slept in bedrooms upstairs.

Russell said the victim said “no” and “stop” during the assault.

“He saw what he wanted and he took it,” Russell said of Fye.

Fye’s attorney, Alan Rubin of the Committee for Public Counsel Services, said in his opening statement that the sex was consensual. Rubin said the victim was upset the next morning but didn’t characterize the sex as rape until after hours of consultation with a group of friends, one of whom is a rape crisis counselor.

Rubin told jurors the victim didn’t report the alleged attack to police herself. Authorities were notified by Cooley Dickinson Hospital after she submitted to a medical examination.

Rubin said during the investigation Fye gave contradictory information to Amherst police about his whereabouts the night of the party, but did so out of mistrust of police after “bad experiences” with law enforcement.

The trial is expected to continue through the week.

Bob Dunn can be reached at bdunn@gazettenet.com.

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