Nashua kidnap case claims disputedBy KIMBERLY HOUGHTON
Union Leader Correspondent
June 01. 2014 10:00PM
NASHUA — A man accused of kidnapping a woman at gunpoint earlier this year, tying her up and allegedly raping her at a city motel is claiming the sex was consensual, according to court documents.
Stanislav Osherov, 22, of Auburndale, Mass., is facing five counts of aggravated felonious sexual assault, two counts of kidnapping and one count of criminal restraint for the Jan. 27 incident, which led to a lengthy standoff with police.
Last month, attorneys for Osherov — Michael Davidow and Kelsey Engelbrecht — filed court documents indicating that their client may rely on the defense of consent for his upcoming trial.
According to court records, Osherov alleges that the victim, previously identified as Kaylee Solano, 21, of Windham, “consented to the sexual contact.”
Prosecutors argue that Osherov should not be permitted to use the defense of consent since his victim was allegedly kidnapped, court documents say.
“Consent is a defense in which the defendant must set forth sufficient grounds in support. The defendant provides no grounds in support of the notice,” said attorneys Lisa Drescher and David Tencza of the Hillsborough County Attorney’s Office in new court documents.
Solano previously spoke with the New Hampshire Union Leader about her alleged abduction, maintaining she tried to obtain a restraining order Jan. 24, three days before the kidnapping, but it was denied by a judge at the 9th Circuit Court, Derry District Division.
Judge Lucinda Sadler stated in her ruling that the request did “not rise to the level required by statute as to imminent threat.”
According to court documents in Nashua, Osherov allegedly kidnapped Solano with a gun Jan. 27, held her hostage at a city motel, tied her up and repeatedly sexually assaulted her.
Recent indictments allege that Osherov told Solano that he would release her from the Motel 6 on Progress Avenue in Nashua if she submitted to sexual intercourse. However, Solano repeatedly told Osherov “please stop,” while he allegedly confined her to the room “with a purpose to terrorize her” and “to hold her as a hostage,” says the indictments on file at Hillsborough County Superior Court.
An undisclosed plea offer has been made in the case, but it has not yet been accepted, according to court records.
Solano is the mother of Osherov’s 17-month-old son, although she was granted emergency custody of the baby last October after Osherov allegedly took the child without Solano’s permission.
Authorities were tipped off to the Jan. 27 kidnapping, and eventually spotted Solano’s vehicle at the city motel where Osherov had barricaded the room. A police crisis negotiation team and a special reaction team were activated.
Solano has praised police negotiators, saying they were able to calm Osherov and get him to eventually let her go.