An Excelsior man is facing a felony charge of sexual assault and is accused of having sex with a woman who was impaired after she mixed medication and alcohol, according to a criminal complaint filed in Hennepin County.
The charges say that Samuel Vadim Paap had sex with the unresponsive woman in the back seat of his vehicle after she’d been discharged from an Edina hospital in the early morning hours of April 4.
The woman had been taken to the hospital the prior evening by her friends after she’d lost consciousness after mixing her anti-anxiety medication with alcohol, according to the complaint.
The woman was released from the hospital at 2:30 a.m. on April 4, and the next thing she knew she was in the back seat of the vehicle with Paap, and her roommate was knocking on the window of the vehicle, the complaint states.
Paap told the roommate, identified in the complaint as a witness, that he’d had sex with the victim.
In a subsequent interview with police, the roommate told police that the victim appeared to be unconscious when he saw her in the back of Paap’s vehicle. The roommate told police that after he confronted Paap, he took the victim home and had to carry her up the stairs and put her into bed, the complaint said.
The victim returned to the hospital for a sexual assault exam at some point in the day on April 4. Edina police responded to the hospital just before 5 p.m. and took the report. The victim told police that she didn’t remember going to the hospital the prior evening and that her memory was “vague” due to her level of intoxication at the time. She told police that she didn’t remember what happened in the vehicle with Paap and that she didn’t consent to him having sex with her.
The roommate told police that he saw a text message exchange between the victim and Paap in which Paap alternately denied having sex with the victim and admitted to having sex with her but having the victim’s permission.
Paap was arrested on April 4, and in a post-arrest interview with police, Paap admitted to having sex with the victim but said it was consensual. Paap also told police that after they had sex, the victim seemed to be “out of it,” and he said that he had to “rub [the] victim’s sternum to keep her awake.”
Paap, 20, has been charged with third-degree criminal sexual conduct involving a mentally impaired or helpless victim. Paap made his initial court appearance on April 7 and has retained a private attorney.
The complaint states that the maximum penalty is up to 15 years in prison if convicted.
A search of court records reveals no prior felony convictions for Paap, which leaves him with a low or zero presumptive criminal history score for sentencing purposes if convicted on the new charge. The Minnesota Sentencing Guidelines Grid for Sex Offenders recommends a sentence between 41 and 57 months for convictions on that level of offense at that level of criminal history score.
Court records show that Paap posted a non-cash bond of $10,000 and was released from custody on April 8. He is scheduled to make his next court appearance on May 13.
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