Identical Twin Gets Prison in 2004 Rapes

BOSTON, February 26, 2018— As the man who abducted and raped her more than 13 years ago was sentenced to a lengthy prison term today, one victim declared she is neither victim nor survivor but “a warrior.”

DWAYNE McNAIR (D.O.B. 1/30/81), convicted Jan. 12 of eight counts of aggravated rape and two counts of armed robbery, faced sentencing today before Suffolk Superior Court Judge Linda Giles. Assistant District Attorney David Deakin, chief of District Attorney Daniel F. Conley’s Family Protection and Sexual Assault Bureau, recommended a sentence of 30 to 40 years in state prison. Giles imposed a term of 16 years in prison to be followed by 10 years of probation.

Before imposing the sentence, Giles heard emotional impact statements prepared by the two women kidnapped and raped by McNair.

In a written statement, the survivor of the first attack wrote of feeling afraid, ashamed, and isolated.

“Those feelings and thoughts have disappeared over time,” she said in a statement read aloud by the trial prosecutor. “But because of the defendant’s actions I still feel I’m overly aware of the evil that may exist around me and afraid this could happen again to me or the people I love. I still work hard not let this affect me by trying to do things that make me happy and proud of myself. Although, I have realized I can never erase the nightmare that I experienced almost 14 years ago.”

The second woman McNair attacked addressed the court directly.

“I don’t know why but I’ve already been sentenced to life because I never got the chance to have a normal one. I never got the chance to be free,” she said. “But today, I will no longer be shackled. Today, I will no longer be held down. Today, I will not ‘Shut Up.’ I am not a victim. I am not a survivor. For it is I and I alone who can define me.”

“The defendant’s crimes were nothing short of terrifying and brutal,” Conley said. “They were the deliberately planned actions of a dangerous predator. Everyone who worked on this case, from prosecutors to police detectives to chemists and criminalists, removed a dangerous sexual predator from the street. But most of all, I want to thank the two women at the heart of this case, whose powerful testimony was so critical to its resolution. We could not have reached this result without their courage and determination. I hope they can take some satisfaction in seeing him held accountable at last.”

During the course of last month’s trial, Deakin introduced evidence and testimony to prove that McNair and a second man, ANWAR THOMAS (D.O.B. 5/9/82), abducted and sexually assaulted two women on separate dates September 2004. Thomas in 2012 pleaded guilty to his role in both assaults and is currently serving a 16-year prison sentence.

On Sept. 21, 2004, McNair and Thomas kidnapped the first victim at gunpoint in the area of Forest Hills. They beat her with a handgun and drove her to a remote location, where they sexually assaulted and robbed her. McNair and Thomas then released her in the area of Franklin Park, and she was able to flag down a passing vehicle.

Nine days later, on Sept. 29, 2004, the same two assailants abducted the second victim as she walked in the area of Parker and Hillside streets in Roxbury. As they had before, they beat the woman and sexually assaulted her in a wooded area. As she gathered her clothing following the assaults, the victim was able to collect a condom used by one of the men and provided it to Boston Police.

Criminalists at the Boston Police Crime Laboratory conducted DNA testing of the condom and other evidence that matched biological evidence on those items to the genetic profile of Dwayne McNair – as well as that of McNair’s identical twin brother. Testing available at the time could not differentiate between the two, but police and prosecutors secured additional evidence that led to indictments against McNair in 2012. Among that evidence was the testimony of Thomas, who testified at trial that he could distinguish between the two brothers and that it was Dwayne McNair who had taken part in the assaults with him.

Prosecutors had also sought to introduce as evidence the results of subsequent DNA testing conducted in late 2013 using a cutting-edge process to distinguish between identical twins, known as second-generation genome mapping. The results of that test showed that Dwayne McNair was two billion times more likely to be the source of the DNA evidence than his brother. The trial judge, however, allowed a defense motion to exclude those results from being presented at trial, despite finding that the testing and analysis were “based on generally accepted, scientific or statistical principles.”

Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search.

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Anne Kelley-McCarthy is the DA’s assigned victim-witness advocate. McNair is represented by Robert Tobin.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.