A 19-year-old Ozaukee County man is facing a felony charge for sexually assaulting a woman he described as "out of it."
Ethan Fagen, of Grafton, was charged with one count of second-degree sexual assault on Monday. If convicted, he faces not more than 40 years prison and $100,000 in fines.
Fagen hosted a group of friends at his apartment on Saturday, according to the criminal complaint, during which people admitted to smoking marijuana and drinking. The victim, a 20-year-old woman, told police she started to feel sick during the party and was afraid she was given a date rape drug; she also admitted to both smoking marijuana as well as drinking.
The victim told police that at one point in the evening, Fagen offered her and another friend some white chocolate, and that after eating it she began to feel strange, the complaint said. She said Fagen was being flirtatious, and when she asked for more chocolate he "made a comment to the effect that she would have to earn it," and then he laid in his bed.
Eventually the woman ended up sleeping over in the apartment, going to bed near a friend as well as the friend's boyfriend. She told police she was awoken at about 2:30 a.m. by Fagen, who was massaging her back; she also realized Fagen had taken off her bra, and, according to the complaint, he eventually had his hands down inside her underwear.
The woman said she tried to tell him to stop and kick him away, but she "felt like she wasn't in control of herself," and she "couldn't really move or couldn't speak very well." According to the criminal complaint, Fagen's actions caused her pain. She woke up around 6:45 a.m. and eventually made it to the hospital for examination of sexual assault.
Fagen admitted to touching the woman in these ways, saying that he was intoxicated and that she was non-responsive and "out of it." Fagen will appear in court at 9:30 a.m. March 5 for a preliminary hearing.