Girl passes out, rape alleged
By JESSIE STENSLAND
Whidbey News Times Assistant editor
August 20, 2009 · Updated 11:04 AM
Reporter's note: The case was dismissed.
An 18-year-old Oak Harbor man is accused of raping a girl who had passed out at a birthday party July 5, court documents state.
Prosecutors charged Andrew Rodriguez in Island County Superior Court with second-degree rape, or in the alternative, indecent liberties. An alternative charge allows a jury a choice of verdicts if the case goes to trial.
Rodriguez pleaded not guilty July 20.
Oak Harbor Detective Ron Hofkamp investigated the case after the 15-year-old girl reported what had happened.
According to Hofkamp’s report, the girl reported that she had taken half a Percocet pill before the party because of an impacted tooth. At the party, the kids drank beer and wine coolers.
The group of young people went to a bedroom, where the alleged victim apparently passed out and the others left. She reported that she woke up to find Rodriguez was raping her, the detective wrote.
The girl was saved when a couple of people came into the room and pulled Rodriguez off her, the report indicates.
Rodriguez admitted to having sex with the girl while they were both “trashed,” but said it was consensual, Hofkamp wrote. He also said he knew how young she is.
If convicted of the rape charge, Rodriguez could face up to eight years in prison under the standard sentencing range. If convicted of the indecent liberties charge, he could face up to a year and eight months in prison under the standard sentencing range.
Under the definition of the charges, Rodriguez is accused of having sex with someone who is “incapable of consent.”Contact Whidbey News Times Assistant editor Jessie Stensland at firstname.lastname@example.org or 360.675.6611 ext. 5056.