Loudon Man Faces Rape Charges In Concord

CONCORD, NH — After nearly a year, a Loudon man is facing felony charges after he was accused of sexually assaulting a victim in the South End of Concord last year.

Around 6 a.m. on May 27, 2020, police and EMTs were sent to South Street to speak to a victim who reported severe stomach pains and bleeding, and believed they were sexually assaulted the evening before. The victim “had no memory” of a sexual encounter or sexual assault but accused Zachary McKay, 31, of Route 129 in Loudon, of being in their apartment the evening before, according to an affidavit.

The victim, who is transitioning from male to female, according to detectives, told police they had been communicating with McKay via social media and agreed to get together to watch television and have some drinks. He came to her apartment and they hung out, the report said. At some point during the evening, she went to bed, and instantly fell asleep, with her clothes on, but had no memory of anything happening after that. When she woke up, McKay was not there, she was in severe pain, and found blood on her legs, the report stated. She also said was no longer wearing her shorts or underwear, the affidavit stated. She called a friend for assistance and the friend called police.

Concord EMTs took her to Concord Hospital where she was examined and an emergency kit sample taken. The detectives spoke with her again about the case and she stated McKay’s sedan was probably still parked outside of her apartment, due to having a flat time the evening before, according to the report. The detectives later confirmed the vehicle was still outside her apartment, as she said, an affidavit stated.

On July 21, 2020, the two detectives met with McKay, who confirmed meeting with the victim, drinking alcohol and smoking cigarettes, and watching television, according to an affidavit. He was accused by the detectives of admitting to certain sexual activities with the victim.

“McKay stated that there was no discussion with (the victim) concerning sexual activity,” a detective wrote. “McKay said there was no verbal consent from (the victim) concerning sexual contact, but based on (the victim’s) body movements and facial expressions, McKay thought (she) was consenting to the sexual contact.”

During another interview, the victim stated she “never consented to sexual activity with McKay” and said, “there was never any discussion with McKay concerning sexual activity.” The victim added she had “no memory of the sexual assault,” the affidavit reported.

In November 2020, the victim wrote a Neighbor Post on the Concord NH Patch site about her experience. In an email later, she stated she was homeless and having difficulties with the case. She was referred to the Crisis Center of Central NH and received emergency housing and assistance, she confirmed later.

An affidavit was issued on April 15 and McKay was arrested the next day and charged with two felony aggravated felonious sexual assault-physically helpless victim charges and a single misdemeanor simple assault count. He was released on personal recognizance bail. McKay is due back in Merrimack County Superior Court for a dispositional conference on Sept. 10.

McKay, according to superior court records, was accused of four felony possession-sale of narcotic drug and a misdemeanor controlled drug act charge in September 2016 and a single felony possession-sale of narcotic drug charge in October 2016, all from Pittsfield. In April 2018, he pleaded guilty to three of the felony charges. The other charges were dropped.

Anyone needing help with a sexual assault case or assistance can call the Crisis Center of Central NH at 1-866-841-6229. To speak with an advocate, call the statewide sexual assault hotline at 1-800-277-5570 or to find the crisis center nearest you visit the New Hampshire Coalition Against Sexual and Domestic Violence website.

Editor's note: This post was derived from information supplied by the Concord Police Department and does not indicate a conviction. This link explains the removal request process for New Hampshire Patch police reports.

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