As he was being hauled to jail on suspicion of forcing sex with a woman while she was asleep after drinking in Metairie, a man told deputies, "You can't rape a wh—," according to the Jefferson Parish Sheriff's Office.
Deputies booked Darrell Allison, 50, early Tuesday morning on a count of second-degree rape after he was unable to answer deputies who asked him if his accuser was conscious while he admittedly had sex with her, a Sheriff's Office arrest report said.
The Sheriff's Office said the woman at the center of the case was at Allison's home in the 300 block of Zinnia Avenue having drinks with friends when she asked to lay down and sleep in a bedroom.
The woman said she later awoke to find Allison sexually assaulting her before his mother came into the room and pushed him off the bed, according to the Sheriff's Office.
Deputies were called to the home, and the woman said she wanted to press charges against Allison.
When he spoke with them, Allison told deputies he and the woman had been together "routinely" and the sex was consensual. But he was "unable to indicate if the victim was conscious during the sexual interaction and repeatedly stated, 'She didn't say no.'"
He was arrested after later claiming the woman "didn't say anything," the Sheriff's Office said. Further, as deputies left with him, Allison allegedly said, "I didn't rape nobody — you can't rape a wh—."
The woman went to a hospital in Metairie for treatment and to undergo a sexual assault examination. The Advocate is not naming the woman because the newspaper does not identify people who say they are victims of sexual assault.
Allison remained behind bars Thursday, and no bail had been set.
In Louisiana, second-degree rape convictions can carry between five and 40 years in prison.