Woman allegedly raped at house party, too intoxicated to remembe - WTVM.com-Columbus, GA News Weather & Sports

Woman allegedly raped at house party, too intoxicated to remember

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COLUMBUS, GA (WTVM) -

A Columbus man was assaulted with a shotgun after reportedly being caught raping an intoxicated woman.

Joshua Russell, 24, is accused of taking advantage of an unconscious woman while several other people slept nearby. He is charged with rape, and pled not guilty to the charge in a preliminary hearing Friday morning, Dec. 13.

The alleged victim, a 20-year-old Columbus woman, says she went to a house party on Eve Ct. in Columbus. After a night of drinking, she reportedly lost consciousness.  It was on the living room floor the woman says she was raped by Russell.

Russell claims the sex was consensual.

"Any kind of sexual intercourse was consensual, and there was no force involved whatsoever," says Defense attorney Stacey Jackson.

The victim testified that the last thing she remembered was falling asleep in the bed of the host while he slept on the floor.

"The alleged victim got out of his bed, and voluntarily went to the bathroom, and then voluntarily went into the area where my client was initially sleeping," Jackson claims.

The host of the party testified that he woke up to sounds coming from the living room.  He says he grabbed a shotgun before going to check things out, and when he saw Russell having sex with the unresponsive woman, he hit Russell in the head with the butt of the gun.

Detectives say the host demanded Russell leave the home. Russell reportedly returned to get his cellphone, and other items. Then, a second physical altercation allegedly occurred.

Jackson says there are other witnesses that were right next to the Russell and the victim who say otherwise. He also says there's a lack of evidence.

"The fact that the alleged blood work that was taken from the alleged victim is just sitting in property and evidence, and has never been sent to the crime lab for a possible month to determine the level of intoxication of the victim," Jackson declares.

Jackson says the victim was the only woman in the house with six to seven other men.  He questioned the host about hearing screams or cries for help; the host said he didn't hear any.

The victim claims she doesn't remember being raped, but says she did wake up with soreness in her pelvic area and a bruise on her face.

Jackson asked that the charges be drop. He claims the situation does not meet Georgia's definition of rape.

Judge Michael Cielinski says he will not drop the charges due to the level of intoxication of the victim.

Russell is being held in the Muscogee County jail with no bond.  If convicted he could spend the rest of his life behind bars.

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