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Rape charges were dropped Monday against Al Sharpton crony Sanford Rubenstein for lack of evidence but he was instantly slapped with a lawsuit by the alleged victim.

Manhattan prosecutors say they let the cop-bashing civil-rights lawyer off the hook because they found that the sex-assault claims by accuser Iasha Rivers were not credible and couldnt even be put before a grand jury.

Given the available evidence, the degree of the complainants recollection of what occurred at the suspects apartment, and the results of the toxicological testing, neither the provable facts nor the applicable law support a prosecution in this matter, a spokeswoman for the Manhattan District Attorneys Office said.

A lawyer for Rubenstein celebrated the decision, saying there was no rape.

What happened in this case was consensual sex between two adults who were fully alert and fully awake throughout, said Rubenstein attorney Benjamin Brafman.

The decision to clear Rubenstein left his accuser devastated, her lawyer said, and prompted her to immediately file a suit against him in Brooklyn Supreme Court.

It really wasnt a surprise to us, said Rivers attorney, Keith White. I think she was upset that the system failed her.

In her suit, Rivers says Rubenstein attacked her while she was passed out at his Upper East Side penthouse, where the pair went after Sharptons Oct. 1 birthday bash at the Four Seasons.

As the defendant was a colleague with ties to Sharpton and his organization, Ms. Rivers thought it would be safe to accept the defendants offer to see the view from his penthouse and enjoy a few cocktails . . . However, it turned out to yield horrible consequences, the suit says.

Rivers passed out, but awoke and saw Rubenstein raping her, the suit says. She couldnt resist and again passed out. She also claims to have seen bloody condoms.

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Cleared of rape charges, Rubenstein slapped with lawsuit

Sandy Rubenstein was cleared of a rape accusation Monday, but not before one final, potentially humiliating revelation emerged about his ex-pal Al Sharpton.

A prescription for the sex pill Viagra was found in Rubensteins apartment but it was issued in Sharptons name, a police source told the Daily News.

A shocked Sharpton initially said he was unaware of a doc's note for the little blue pill that solves erectile dysfunction.

I dont know anything about that, no, I dont know anything about that, Sharpton said, after a speechless second.

But he roared back a moment later, accusing the source who leaked the detail of trying to embarrass him with a smear campaign and saying he would demand an investigation.

I am not saying what I do or dont do, Im not going to invade my privacy for some cop, said Sharpton. I have no knowledge of what was in (Rubensteins) apartment. But its not uncommon for men of all ages to use certain things.

If the motive of the cop was to embarrass me, at 60 years old, I am unembarrassable, fumed Sharpton, whose longstanding animosity with the NYPD has reached a fever pitch because of his vocal opposition to stop-and-frisk and close relationship to Mayor de Blasio. The tensions got even worse recently with the execution of two cops who were shot while on duty.

The prescription was just the latest in a string of tawdry finds cops made as they searched Rubensteins apartment after a top official with Sharptons National Action Network accused him of drugging and raping her last year.

But after an investigation that saw interviews with 48 people, including Rubenstein and the accuser, prosecutors said Monday afternoon they concluded there was no case.

"Given the available evidence, the degree of the complainant's recollection of what occurred at the suspect's apartment, and the results of toxicological testing, neither the provable facts nor the applicable law support a prosecution in this matter," Manhattan District Attorney spokeswoman Joan Vollero said in a statement.

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Sharpton's Viagra Rx found in Sandy Rubenstein home: source

Now that two slain cops have been buried, the Rev. Al Sharpton plans to resume kicking dirt on the NYPD.

The head of the Staten Island chapter of Sharptons National Action Network said anti-cop protesters would return to the boroughs state courthouse on Tuesday.

Cynthia Davis said NAN suspended its twice-weekly demonstrations out of respect to slain cops Rafael Ramos and Wenjian Liu and their families.

Ramos and Liu were assassinated on Dec. 20 by a gunman who wrote online that he wanted to avenge the uncharged police killings of Eric Garner in Staten Island and Michael Brown in Ferguson, Mo.

We were not going to protest before those officers were laid to rest properly, and unlike the police officers who decided to take protests to a funeral, we had much more respect than that, Davis said.

She said the courthouse protests would continue until we feel like we have gotten justice in the Garner case, in which a grand jury declined to indict cop Daniel Pantaleo.

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