A former Baylor University student testified Wednesday that she was raped by a former McLennan Community College student in November 2014.
Adrian Andres Ramos, 24, is on trial in Waco’s 19th State District Court in the alleged sexual assault of the former Baylor biology student from Florida.
Prosecutors Christi Hunting Horse and Amanda Smith played a 60-minute video of Ramos’ interview with Waco police Detective Mike Alston for the jury in which Ramos admitted that the woman was drunk but said their sexual encounter was consensual.
The woman, now 24, said she met Ramos and his roommates through one of her roommates. The group went to a party on Halloween in 2014, and Ramos and others got drunk and crashed at the woman’s apartment because they decided they should not drive.
The woman said she and Ramos argued about where he would sleep before she relented and let him sleep in her bed with his promise that he would sleep with his head by her feet. She said she woke up and realized Ramos had turned around and had his head near her head. She said nothing happened and she drove him home the next morning.
The next night, the group got together again at a home near the Baylor campus that Ramos shared with roommates. She said they went to a party, where she drank straight whiskey for the first time and got really drunk.
They returned to Ramos’ home and she said she was sick to her stomach, tired and wanted to go to bed. She said she does not remember the car ride home, the group stopping to get her some water or how she got into the house.
“I remember sitting in a chair and not wanting to talk to them and all I could think about was how I felt — drunk and tired,” she told the jury.
She said Ramos offered to let her sleep in his room, and she went to sleep. She said the next thing she remembers is waking up in the dark and someone was touching her chest under her shirt. She said Ramos turned her over on her back and took off her pants.
“At this point, I was very much limp,” she said.
She said he asked her if she was ready to have sex. She said she did not reply.
She said she does not know how long the alleged sexual assault took place, but she heard the bedroom door open and her roommate asked if she was OK with what was happening. Again, she said she didn’t answer, but Ramos told her that everything was fine. The roommate left.
“I was still trying to gather my voice. I was in shock and I thought it was over,” the woman said.
Ramos persisted, she said, adding that she found her voice and told him “don’t, don’t” multiple times. She said each time she said “don’t,” Ramos would mock her and repeat her words back to her in question form.
She said she passed out until morning light, when she got up, put on her pants, woke up her roommate and asked her to drive them home. Once they got to their apartment, the woman told her friend what happened. Later, she went to the hospital for a sexual assault exam, she said.
Defense attorney Michel Simer asked the woman about discrepancies in her testimony and in her initial reports to police, including reports that say she woke Ramos up that first night and told him to turn around in her bed because she didn’t want his feet in her face.
Simer asked the woman how she could have said “don’t” to Ramos when she reported she was unable to speak. The woman also denied reports from others at Ramos’ home who said they heard a woman “moaning” in Ramos’ bedroom as though she were enjoying a sexual encounter.
In opening statements, defense attorney Josh Tetens told the jury the woman had a boyfriend in the Navy and regretted the sexual encounter with Ramos the next morning.
“This is not an assault. This is a case about consent,” Tetens said. “This case is about choices. This is not a case of sexual assault.”
In the video with the police detective, Ramos said he and the woman started kissing and fooling around and one thing led to another. He said she was moaning and hugging him and gave him every indication that she was a consenting adult. He said the door was unlocked, she did not cry for help and he did not force her to do anything.
“I’m honestly a good guy,” Ramos told Alston in the video. “I don’t know why she said it. I’m crushed just knowing I have been accused of this.”
At the end of the interview, Alston told Ramos that he was in a “serious predicament” because the woman’s intoxication level might have precluded her from being able to consent.
Prosecution testimony resumes Thursday morning.