A woman told police she passed out in her apartment and woke up to an acquaintance sexually assaulting her, according to testimony Monday in Magistrate Court.
Kyle Lovell Janess, 18, of Flowery Branch, was arrested and charged with rape Aug. 30. He faced the charge brought by Gainesville Police on Monday.
Gainesville Police Investigator Gordon Hendry said he was informed of the case after police responded to a “suicide attempt by hanging” Aug. 29, according to police.
Hendry testified Janess and the victim knew each other through work and that the two discussed hanging out at her apartment.
The victim told police that the two drank in her Campus Pointe Circle apartment in Gainesville, where she became intoxicated to the point of passing out.
“She woke up, and he was sexually assaulting her,” Hendry said. “He tried to do this again to her, and she resisted.”
Hendry read text messages allegedly sent between the victim and Janess discussing the night. Janess spoke with Hendry, where he said he didn’t remember writing the messages.
The victim told police she did not give consent.
Janess’ attorney Hammond Law referenced a text message allegedly coming from the victim inviting Janess to the apartment to drink, though Hendry said he was not familiar with the message.
Law’s cross-examination of Hendry focused on the hours leading up to the alleged assault, as well as clarifying there were no threats of violence or weapons present.
“My client never sent a text message that explicitly said, ‘I’m sorry for having intercourse that you did not consent to,’ did he?” Law asked Hendry.
Hendry said the text messages “apologized for doing what he did to her while she was unconscious.”
The case moved on to Superior Court.