A White River Township man has been charged with rape after deputies say he had sexual intercourse with an unconscious person who did not give consent.
Oscar Salgado-Mendoza, 21, has been charged with rape, a Level 3 felony. If convicted, he faces a term of between 3 to 16 years in prison.
Deputies from the Johnson County Sheriff’s Office were assigned to investigate a rape report earlier this month. When deputies spoke with the victim, they told police that Salgado-Mendoza had sexual intercourse with them while they were passed out in March, according to a probable cause affidavit filed in Johnson County Superior Court 3 on Monday.
The victim told deputies they had met Salgado-Mendoza in March and had begun a sexual relationship with him. They would routinely see each other and often used drugs together. On March 20, Salgado-Mendoza recorded a video of them having sex on the victim’s phone at the time. In the video, deputies said Salgado-Mendoza was seen having sex with the victim while they were not making any movements or sounds. The victim also had a belt around their neck, according to court documents.
There also were two photos of the victim taken while they were unclothed and unconscious, according to court documents.
When the victim woke up after the incident, they told deputies they had no memory of the belt around their neck. They then looked through their phone, and saw the photos and video taken by Salgado-Mendoza. Salgado-Mendoza allegedly told the victim he was sorry and asked them to delete the photos and video, but the victim hid it away in their phone, the affidavit said.
The victim told deputies they assumed they had given Salgado-Mendoza permission to have sex with them, however, they did not permit him to have sex with them while they were unconscious, the report said.
On May 12, deputies received a search warrant to obtain both the belt and clothing Salgado-Mendoza was wearing in the video. When the warrant was served, deputies spoke with Salgado-Mendoza, who said he did not remember a lot from that night but did say he and the victim had a prior relationship, the affidavit said.
Salgado-Mendoza said he and the victim had used drugs that day, and he did not remember recording the video.
He then later told deputies he was the one who took the video and said the victim was falling asleep while they were having intercourse. He also told deputies he recorded the video on the victim’s phone because he didn’t want it on his own, according to the affidavit.
Salgado-Mendoza told deputies he apologized to the victim for recording the video and said he wasn’t sure why he did. He later identified the belt he used as belonging to a relative and said he didn’t remember putting it around the victim’s neck, the affidavit said.
When officers showed Salgado-Mendoza the video, he told deputies he believed the victim was falling asleep during the video and said he was not thinking clearly because of the drugs he took. He also said that after the victim confronted him, he felt like he committed a sin, the affidavit said.
Deputies then asked Salgado-Mendoza about consent and if the victim would have been able to give consent for him to have sex with them or take photos of them while they were asleep or passed out. He said no. Deputies then showed Salgado-Mendoza the photos he took, and he turned his head away, saying he did not want to see them.
Salgado-Mendoza was arrested on Thursday. He was taken to the Johnson County jail on a $16,000 bond, which he paid and was released.
An initial hearing has not yet been set.