Facing rape and assault charges, ex-convict Tommy Kempsey claims it was consesual

Tommy Kempsey's shocking confession, and claims stir controversy as the horrific event in Queens is caught on camera.

The ex-convict, Tommy Kempsey, who rode a scooter and was arrested for knocking unconscious and sexually abusing a woman in Queens, confessed to a probation officer. However, he claims his victim wanted to be beaten and raped, prosecutors reported.

“I could be in trouble, but it was consensual,” Kempsey told his probation officer via a phone call Tuesday, two days before police discovered him hiding in an apartment in Brownsville.

The felon is accused of approaching his victim on a scooter as the woman walked down a Queens sidewalk. The two then started a conversation, and the victim agreed to ride with Kempsey.

They strolled for several minutes before reaching a street that was deserted. The two walked together moments earlier before the subject attacked her and “struck the victim in the face repeatedly,” prosecutors revealed. When the woman fell to the ground, Kempsey climbed on top of her and sexually abused her, they noted.

“The rape was captured on video, and it’s pretty brutal,” NYPD Chief of Detectives James Essig told a news conference earlier this week. “(He) throws her to the ground. He knocks her unconscious. She suffered a hemorrhage on the brain. It was a traumatic incident, so she doesn’t remember much.”

The woman spent four days at Elmhurst Medical Center recovering from the attack, prosecutors said.

“This horrific attack is a nightmare,” said Queens District Attorney Melinda Katz. “The defendant evaded arrest for weeks and will now be held accountable.”

After an exhaustive search of surveillance video, detectives found a video of Kempsey before perpetrating the rape, entering a building in the town of Lefrak to visit someone he knew, officers stated.

The footage was released to the media, and he was eventually targeted by his parole officer, who recognized his photo, prosecutors said.

It is unclear whether the probation officer identified him to authorities before Kempsey called arguing that the rape was consensual, the Daily News reported.

The subject was charged with first-degree rape and assault. A Queens criminal court judge ordered him held without bail. If convicted, he could face up to 25 years in prison, the NYPD noted.

Kempsey had already served three prison terms in upstate New York, most notably a 20-year stint for a 1992 Queens homicide at the Roosevelt Avenue subway station in Queens.

He argued on an E train with Amaury Rodriguez, 20, who pulled out a gun and fired several shots in a crowded crowd. Officials said Kempsey, who was wounded in the head, exited the train and encountered an off-duty NYPD officer.

Kempsey pointed out who the shooter was. But before the officer could arrest Rodriguez, Kempsey pulled a sharp, sickle-like martial arts weapon known as the Kama on the gunman’s head, fatally piercing his skull.

Kempsey was sentenced a year later but was overturned on a technicality. He was then tried and convicted a second time.

In March 1990, he was paroled after spending a year in jail for possessing stolen property. Before that, he was paroled after serving two and a half years for theft, according to court records.