Victim testifies, identifies defendant in rape

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The trial of an Augusta man accused of rape and kidnapping began Thursday.

James Benjamin, 29, has pleaded not guilty in Richmond County Superior Court.

Mr. Benjamin contends he was miles away from where the victim was attacked in the early morning hours of July 19, 2008, in Barton Village.

The 59-year-old woman who identified Mr. Benjamin as the man who beat, choked and raped her testified Thursday she is positive he was the attacker.

The woman was walking up the street from her home to go visit a friend who lived nearby when a man she said was Mr. Benjamin grabbed her in a choke hold and dragged her into a dark backyard. Though she didn't personally know Mr. Benjamin, she had seen him a few times at his brother's home in her neighborhood.

"He wanted to kill me more than he wanted to rape me," the woman testified. He repeatedly choked her nearly to death to the point she had no strength to fight back, she testified.

She said the man told her she was going to die. When he finished the sexual assault he told her to run "or I'll kill you for real," she quoted.

Assistant Public Defender Alexia Davis told the jury in her opening statement that Mr. Benjamin was at his mother's home near Lake Olmstead at the time the woman was attacked.

Assistant District Attorney Justin Jones told the jury no DNA evidence tied Mr. Benjamin to the attack, but the woman was certain of her identification.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

Comments (10) Add comment
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justus4
101
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justus4 09/18/09 - 03:28 am
0
0
Eye witnesss testimony have
Unpublished

Eye witnesss testimony have been proven wrong in many cases and this guy says he was at his mother's house. Someone is not telling the truth. Credibility will be the key to this case and also the make-up of the jury, i.e. women v. men. Hopefully, they will get the right man.

rufus
2
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rufus 09/18/09 - 06:08 am
0
0
No shat Sherlock

No shat Sherlock

sugar babe 74
0
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sugar babe 74 09/18/09 - 06:35 am
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someone needs to think twice

someone needs to think twice before the send him up the creek,if it was in a dark backyard,how can she be so sure? and in a back yard? no one must have lived there,and no DNA was connected,how could the find him guilty?

wise
1
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wise 09/18/09 - 06:58 am
0
0
Was there any DNA evidence?

Was there any DNA evidence? That is my question and if so why does it not match. I hope that the mother is not protecting her son by saying he was at her house. If he is quilty and gets by with it, he will do it again. If he is quilty he probaly has other victims.

corgimom
32474
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corgimom 09/18/09 - 08:36 am
0
0
The story said there was no

The story said there was no DNA. That is vastly different than saying the DNA doesn't match. And yes, there are times where a women can be raped and no DNA is found.

stovall st
0
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stovall st 09/18/09 - 09:26 am
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He's a scum bag,He needs to

He's a scum bag,He needs to be took off of the streets before he rapes again.his mother is a liar.

alfrrst4
18
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alfrrst4 09/18/09 - 10:19 am
0
0
This is the same thing thats

This is the same thing thats happening everywhere, go to prison, serve half of your sentence, get out of jail and do something more horrible and o back to prison where your lover is. DNA on JAMES TROY BENJAMIN, or hi uncle HERMAN BENJAMIN would have brought the truth to the matter.

wise
1
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wise 09/18/09 - 11:27 am
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corgimom the article states

corgimom the article states that no DNA tied Mr Benjamin to the case it did not state that there was no DNA evidence at all.

spokentruth
0
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spokentruth 09/18/09 - 12:43 pm
0
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If he raped her, why no DNA

If he raped her, why no DNA evidence?

corgimom
32474
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corgimom 09/18/09 - 03:08 pm
0
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How about maybe he used a

How about maybe he used a condom??? There are all sorts of reasons not to find DNA. It is not unusual for a rape victim not to have DNA evidence. Some people are watching too much "Law and Order" and "CSI".

disssman
6
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disssman 09/18/09 - 09:28 pm
0
0
Given that she had seen the

Given that she had seen the guy on other occasions, I would be inclined to believe her.

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