The National Action Network executive who accused lawyer Sanford Rubenstein of raping her after a birthday bash for the Rev. Al Sharpton was not drugged, law enforcement sources told The Post.
Toxicology reports on the woman’s blood, drawn a week after the Oct. 2 incident, have come back negative, the sources said Wednesday.
The test results pose a real setback to a possible criminal case against the civil lawyer, the sources said.
The Manhattan District Attorney’s Office ordered the tests because the accuser said she passed out at Rubenstein’s East 64th Street penthouse and woke up feeling “foggy,” implying that she might have been drugged by the lawyer.
Now the probe will focus on whether booze was a factor in the alleged sex assault.
“What this all boils down to is the difference between voluntary and involuntary consumption of alcohol,” a police source said, adding that the 42-year-old Sharpton exec appears intoxicated in video footage taken from the elevator of Rubenstein’s building.
“If she voluntarily drank alcohol, it’s hard to prove rape, or rather, to charge him with rape,” the source explained.
The woman had gone back to the lawyer’s duplex after attending a star-studded celebration for Sharpton at the Four Seasons.
On Wednesday, her lawyer, Kenneth Montgomery, accused DA Cyrus Vance Jr. of trying to sweep the matter under the rug.
“I personally think they want to punt it and are looking for ways to do it,” said the accuser’s attorney.
The woman’s lawyer had been pressing the DA to move forward with an indictment in the case. “The results of any toxicology is of no consequence considering the victim’s injuries, statement and lack of consent,” the lawyer said, before hearing about any test results.
The accuser went to the hospital Oct. 3 because of vaginal bleeding and bruises on her arms.
Montgomery and his client last met with investigators about three weeks ago. Since then, the DA’s office has stopped responding to his inquiries.
“Our client, who is a strong lady, is managing her expectations,” he said. “She gets the sense they’re trying to protect Sanford Rubenstein.”
A DA spokesman declined comment.
Sharpton cut ties with longtime ally Rubenstein after the rape allegations. It cost Rubenstein and his law firm the civil suit filed by the family of Eric Garner over his alleged police chokehold death.
Meanwhile, Rubenstein was a no-show at a hearing in a $40 million lawsuit against the city by the parents of Ariel Russo, who was killed by an unlicensed teen driver who was fleeing police.
Before the rape allegations, the star lawyer, who also represented police shooting victim Sean Bell’s family, had not missed a court date in the Russo case.
His law partner, Scott Rynecki, appeared in his place and said his colleague is staying out of the public eye while the rape case is pending.
“Right now he’s dealing with his issue,” Rynecki told The Post.