A Winona Lake man was arrested Dec. 20 on rape and sexual battery charges.
Xavier Wade Russell, 38, of 1734 E. CR 225S, Winona Lake, is charged with rape, a level 3 felony; and sexual battery, a level 6 felony.
He was booked into the Kosciusko County Jail at 4:34 p.m. Dec. 20 on a $20,250 preliminary bond.
According to a probable cause affidavit, on Dec. 19 Kosciusko County Central Dispatch advised police of a report of a rape that occurred at a residence in the county and the male suspect, later identified as Russell, left the scene. The Warsaw Police Department responded to the residence and observed a female victim crying.
The WPD detective interviewed the victim, who said on Dec. 19, Russell stopped by her house for assistance for a cut on his back.
The victim and Russell went to the bedroom where Russell hugged the victim. They talked and Russell allegedly started playing with his genitals and asked her to perform a sexual act on him, according to court documents. She refused several times.
Russell then pulled on the victim’s pants and she said no multiple times, according to the affadavit.
During the detective’s interview with the victim, Russell called her phone several times. The victim answered the phone and put it on speaker. Russell asked the victim if she was OK. The victim said she was not and Russell had raped her, according to court documents. Russell denied the claims. The victim told Russell she said no. Russell then said he was just joking around.
On Dec. 20, the detective interviewed Russell, who said he was at the victim’s residence on Dec. 19 for assistance with a cut. He said he and the victim talked and she told him she loved him.
Russell said the two began having sex.
After sex, the victim put a band-aid on Russell’s back. Russell said they talked about the victim’ss sobriety as Russell finished getting dressed. The victim then “freaked out” and told Russell to leave and that she was mad at him, according to court documents.
Russell also said he messaged and called the victim and she told him he hurt her and she turned Russell in. The detective asked Russell if he had the messages that Russell sent the victim. Russell showed the detective the messages. There was an unsent message. When asked what the unsent message said, Russell said he didn’t recall.
The detective asked Russell about the first interaction that was sexual and Russell said he pulled the person’s pants down. When asked about the incident, Russell recalled he was standing in front of the person and asked the person to perform a sexual act. The person told Russell to close the door. Russell said that’s what usually happened between the two of them – they have sex.
The detective asked Russell about the phone call between the he and the victim after the incident. Russell said the victim told him she turned him in and Russell said the victim said Russell could tell police they were on methamphetamine and they didn’t care.
Russell didn’t know the call was on speaker phone and recorded, according to court documents, which also state the victim did not say to tell police they were on methamphetamine during the call.