Ex-track worker sentenced to 20 years for attempted rape


Bernabe Felipe, 30, was sentenced in Saratoga County Court today to 20 years in prison for attempted rape and other sexual assault-related crimes. A jury convicted the Mexican citizen in April. Felipe was in Saratoga illegally and had a job as a backstretch worker at the Saratoga Race Course.

Last summer, Felipe attacked a 48-year-old woman he met in a bar. He dragged her into a bathroom near the track and assaulted her at 3 a.m. A Saratoga County jury found Felipe guilty in April of attempted rape, but acquitted him of a rape charge. Felipe did not have an erection, Assistant District Attorney Jennifer Jensen said at the time, and a sexual assault is not legally rape unless the penis penetrates the vagina.

The victim, a thin woman wearing pink and black, spoke at Felipe’s sentencing hearing before Judge Jerry Scarano. Sitting next to Jensen at the prosecution table, she read a prepared statement describing how her life is now after the attack. She cannot bear to be touched, she said, she cannot be in a romantic relationship with a man, nor does she trust men even though she used to be a “happy, outgoing person,” who loved people. Now she is afraid of bathrooms and waits for the handicap-accessible stall at work so she can use the biggest space available. At home she is afraid of every noise outside and when she sleeps, she often has a nightmares.

“I am being held and I can’t breathe, I can’t breathe,” she said. “I thought I was going to die that night.”

Jensen said she doesn’t know how the victim escaped, bruised and battered from head to toe. She ran naked onto Gridley and Adams Streets, looking for help.

Felipe’s lawyer, Andrew Blumenberg of the public defender’s office, said Felipe can’t explain what happened. He was drunk and “something inside him snapped,” Blumenberg said.

The maximum sentence for attempted rape is 15 years, but Scarano made the sentence for sexual abuse consecutive for a total of 20 years. After he’s served his time he will be deported to Mexico where his wife and young children live.

Categories: Saratoga County
Leigh Hornbeck

15 Responses

  1. Georgia says:

    Here’s a question for you.

    What is the difference between a fraternity rapist and a lone street rapist (as in the article above)?

    Answer: The fraternity rapist is perceived as a “gentleman” (and protected by an institution and a fraternal organization); whereas, the lone street rapist is perceived as scum.

    The grueling affects for the victim, however, are the same.

  2. jj says:

    Why are we paying money to incarcerate a Mexican criminal? He’s not a citizen. He should be deported to his host country IF they promise to carry out the same sentence, all of the costs of this trial and the damages due to the victim should be invoiced to Mexico (and should be liened against any assets that Mexico has in the US if they do not pay up), OR he should be summarily executed if his own country will not take responsibility for him.

    I dont want to pay a dime for the keeping or punishment of these illegal scumbags. Its not my responsibility, and taking my tax money for it is theft – I didnt approve of it, he’s not a citizen, he has no right to benefit from my taxes.

    Enough is enough.

  3. Get Real says:

    JJ- I think we should keep the illegal immigrant here in a US prison. Who’s to say that Mexican authorities will issue and serve the same punishments here? Because they promise? LoL. Yeh right! Keep that animal here in a US prison. That way we’ll be assured that he’s paying his dues to society.

  4. Cfoote says:

    Real.. I think for once I am inclined to disagree with you. JJ is correct. I am tired of paying for illegals being housed in our jails. While I agree with you that the Mexican government may not put him in jail, why do we need him here? Send him packing and let Mexico deal with him. This leads to a bigger question as how he even got a job at Saratoga Race track? Are they not following a good hiring practice? How long has he been illegally in the US? Looks like the fence has a hole in it.

  5. Get Real says:

    Cfoote- “Looks like the fence has a hole in it”. That right there is the reason why I say keep that animal here. What would stop this nut from entering the US again if we released him to the Mexican authorities? I’m uneducated as to the beliefs and practices of Mexico’s criminal justice system. But at least we all KNOW he’s getting the punishment he deserves right here in the states.

    Apparently people have been, and are quite possibly still crossing the border with ease. I don’t think anybody wants to run the risk of having this animal crossing into the US again.

    Like you Cfoote, I wonder how this ILLEGAL immigrant was able to get a job at the race track?

  6. Cfoote says:

    Not to mention Real we had a Governor that wanted to hand out licenses to them. How about a free car ride with a INS officer?

  7. Get Real says:

    Come on Cfoote, the last time we gave out free car rides to an illegal, he escaped while the officers were in the bank!

  8. Cfoote says:

    Oh Snap! I forgot about that.. My bad! It just amazes me that we talk about illegals being in the state and a reputable company and organization like NYRA either doesn’t do their job, or turns their head the other way!

  9. Get Real says:

    Right on Cfoote. But apparently, the NYRA isn’t above resorting to and relying upon illegal labor practices.

  10. Get Real says:

    In my opinion, I think the victim should try and sue the NYRA. After all, it stands to reason that had they not employed this illegal immigrant, he might not have been in the area to commit this vile act.

  11. Cfoote says:

    I think you are right Real, she may have a case. As for poor Bernabe, well he is now going to find out why they call it the “pokey”

  12. C'mon! says:

    Why is everyone here so racist? The English colonist were the first real ILLEGAL immigrant, them and their imperialist ways practically destroyed the Indigenous people of North America. So basically all of you Bast***s talking smack were decedents of Illegals!
    Right back at you Crackers!

  13. DaveToo says:

    C’mon, the only people I’m racist against are bad people and stupid people. Guess which category you fall in for me being racist against you?

  14. Amanda Talar says:

    C’mon! – we’ve had a lot of progress made in this country since then, especially when it comes to laws and immigration. (such an obvious statement, I know, but try to keep up)

    Unfortunately, some people, especially those who use racist, derogatory phrases are the unfortunate who got left behind in the progress, most likely because they learned such poor behavior from being descendants (spelled properly, see?) of the same degenerates who chose to not progress. Break the cycle someplace, for cying out loud!

  15. Sysonby says:

    NYRA doesn’t hire backstretch workers, trainers do. The attacker was employed by a trainer at Saratoga, possibly one who is stabled away from the track itself on private property. Also, should the employers of any criminal be liable for the crimes of their employees if they are not committed as part of the job?

    As for the cry of racism, since when is it racist to want people to enter the US legally? My ancestors came here legally and those of most of the posters probably did the same. Why is that too hard for the current wave of immigrants?