According to The Salt Lake Tribune, Rodger William Kelly explained that he had sex with his 29-year-old neighbor after finding her passed out on her front porch.
“He said he did place it inside of her to try and get her temperature up,” the court documents said.
Kelly told police that he “brought her inside his apartment, changed her clothes and put her on his bed,” the Tribune reported. “He said he then lay down next to her and hugged her to try to get her temperature up because she had been outside, then attempted intercourse to warm her.”
The officers responding to the 911 call found Kelly inside the apartment giving CPR to the woman.
But the woman later told police that the men’s underwear she was wearing and the bruises to her pelvic area and upper thighs made her suspect that she had been raped. Due to her vaginal area being cleaned while she was unconscious, a rape kit was not performed.
The two had previously been intimate.