Man Jailed on Felony Charges for Rape of Unconscious Victim
Court documents indicate 22-year-old Dustin Andrew-Kyle Marshall, of Mount Airy, North Carolina, was arraigned in front of Magisterial District Judge Andrew F. Fish at 3:00 p.m. on Wednesday, February 12, on the following charges:
– Rape Unconscious Victim, Felony 1
– Sexual Assault, Felony 2
– Aggravated Indecent Assault – Person Impairs Complainant, Felony 2
He was lodged in the Venango County Jail and denied bail, with the bail action reason listed as “threat to society and current felony charges out of VA.”
A preliminary hearing is scheduled for 8:30 a.m. on Wednesday, February 19, with Judge Fish presiding.
The charges stem from an incident that occurred at a residence in Pleasantville Borough, Venango County, late last month.
According to a criminal complaint, during the morning hours of January 28, Dustin Andrew-Kyle Marshall and two other known males arrived at the Pleasantville Borough residence of a known female victim and her daughter.
The complaint states the victim’s daughter and the first known man met each other through online gaming and developed a relationship; the first known man is friends with the second known man and Marshall; and the three of them all reside in North Carolina.
According to the complaint, during the afternoon of January 28, the victim returned to her residence from work and discovered Marshall and the other two men at her residence. She allegedly told police she had met Marshall and the first known man on one other occasion and was uncomfortable with them at her house. However, they did stay the night.
During the evening of January 29, Marshall allegedly began drinking and offered the victim some “shots.” The victim reported she initially said “no,” but Marshall continued to ask, and she eventually took a shot of liquor she believed as either whiskey or “fireball.” The victim noted she took at least one more shot and possibly more. She stated the last thing she remembered was being in the kitchen.
According to the complaint, the victim stated she “must have passed out from drinking” and then woke up naked in her bed on the morning of January 30 and noticed her genitals were very sore where they had not been previously. She told police her daughter then told her Marshall said he had sex with her.
The victim proceeded to Titusville Hospital where she had a sexual assault examination performed.
The complaint notes the victim related she never agreed to have sex with Marshall, nor had they ever even discussed being intimate.
A Sexual Assault Nurse Examiner (SANE) nurse completed the victim’s exam at the Emergency Department.
According to the complaint, the nurse reported the victim said she had not engaged in sexual intercourse within the previous five days before the incident. The nurse also stated that in her opinion, the findings during the exam were consistent with recent sexual activity.
The nurse also noted an abrasion to the victim’s upper right arm near the elbow that the victim wasn’t certain of how she had come to receive, and advised the victim’s blood alcohol level was still elevated at the time of the exam.
The victim’s daughter was interviewed on January 30. According to the complaint, she related that Marshall brought in alcohol from the trunk of his car and was then drinking and offering the victim shots. She reported the victim eventually passed out from drinking, and Marshall and the second known man had to carry the victim to her bed.
She went on to state that around 11:00 p.m., she and the two known men decided to go to Walmart in Titusville while Marshall stayed behind at the residence. She noted the victim was still passed out in bed when they left.
According to the complaint, she reported when they returned, about 30 minutes later, Marshall was naked with his lower half wrapped in a towel, and told her “I f***** your mom.” She told police she then went to the victim’s bedroom and tried to wake her, but was unable to do so.
The complaint notes the victim’s daughter then told Marshall he needed to leave, and he allegedly “became belligerent” with her and refused. She then called the Franklin-based State Police to have him removed from the property, but while she was on the phone with the dispatcher, Marshall and the second known man left, and she locked the door behind them.
According to the complaint, Marshall allegedly “hung around on the front porch for a while, waiving a lighter, making threatening statements,” before leaving.
The victim’s daughter also allegedly told police that after the victim woke up the next morning, and stated she was sore, she “knew something bad had happened while she was gone.”
The first known man was also interviewed by police. He reported similar events, stating Marshall and the victim were drinking, and the victim “passed out.” He reported that when he, the second known man, and the victim’s daughter returned from Walmart, Marshall was naked and made a comment about having sex with the victim.
According to the complaint, police also received information from a known woman who reported that Marshall called her after he left Pennsylvania. She noted that the first known man had informed her about what had occurred, and said that when she asked Marshall about having sex with the victim, he stated that he did, twice, but indicated it was consensual.
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