Trainer acquitted of rape, convicted of lesser charges in 2005 "date"

A personal trainer who was acquitted of rape was convicted of 4th degree sexual contact and simple assault after testimony from a date-rape expert failed to convince the jury that a sexual assault occured. Stephen Hernandez was convicted of the lesser charges in Superior Court in Hackensack, NJ The incident occured at his Englewood Cliffs home after a June 2005 date.

The jurors, however, convicted Hernandez of fourth-degree sexual contact and simple assault, a disorderly persons offense. He faces up to 18 months in prison when he is sentenced June 27, but with no prior convictions, he is unlikely to face any jail time.

Hernandez showed no emotion as the verdict was read. He said later that he was pleased with the verdict but declined to comment further.

Hernandez and his attorney argued during the two-week trial that he only had consensual sex with the woman, who at first resisted his advances but later became passive, engaged him in friendly conversation and even helped him put on a condom.

She tried to flee from him after that, but then apologized and allowed him to driver her to her car, prosecutors said. She then hugged him and asked him to call her in a week for another date, prosecutors said.

Bergen County prosecutors argued - with the help of testimony from an expert on "rape trauma syndrome" - that the woman's inconsistent behavior was common among date-rape victims.

Far from being proof of consent, such behavior is actually an attempt by victims to survive a harrowing ordeal, testified the expert, Larry McCann.

Defense attorney Raymond Flood said the acquittal on the sexual assault charges says a lot about the weight of McCann's testimony.

"The jury discounted the testimony on rape trauma syndrome," he said.