43-year-old Kenneth Moreno of the New York Police Department  who was accused of raping a drunk woman has defended himself by saying he used condom during the act.

Moreno and his colleague Franklin Mata, 27, were called to assist a 29-year-old woman into her apartment in December 2008.

But the woman claims she later woke up to find Moreno having sex with her.

The woman confronted Moreno after 10 days and secretly recorded the conversation outside his place of work.

“Did you use a condom?’ the woman asked.

“Yes I did’, Moreno replied after repeatedly denying any sexual contact with the woman. 

“I just want to know, do I need to be worried about sexually transmitted disease?’ the woman asked Moreno.

“No ma’am,’ Moreno responded.

“I woke up to you guys taking advantage of me,’ she said.

“No ma’am, nobody took advantage of you,’ he said. ‘Ma’am, you want me to admit something that didn’t happen?

“On tape, Moreno asks the woman, ‘Do you remember anything we spoke about?

“I just remember you getting me a drink of water and I don’t remember anything else,’ she answers.”

But then she says: ‘I woke up to you having sex with me.

“Ma’am no,’ Moreno responds.’I was just trying sincerely to help you that day,’ Moreno insisted.

“Anything else you remember happened, it wasn’t done intentionally, I should have called an ambulance for you. I apologize for everything.”

The secret recording will form part of the woman’s evidence against them.

However, the policemen  have since been stripped of their guns and their badges after the woman made the claims.