When police arrived, responding to an unconscious person call, they said they found Rodger William Kelly inside his apartment giving the woman CPR.
The woman later told police she thought she might have been raped and recalled being dressed in a pair of the man’s underwear and shorts. She also informed police she had bruising on her pelvis and upper thighs.
Kelly told officers that he found the woman passed out in front of her apartment and brought her inside his apartment and changed her clothes. He said he then lay down next to her, hugged her, and attempted intercourse to try to get her temperature up because she had been outside.
Kelly claimed he inserted his penis inside the unconscious 29-year-old on May 19 because "he was trying to save her life," according to court documents.
"He said he did place it inside of her to try and get her temperature up," police wrote in a probable cause statement filed in 5th District Court.
Kelly told police that the two had been intimate before, but claimed she told him before the incident that she didn’t want to have sex with him again.
According to court documents, the hospital was unable to complete a rape kit because the woman’s vaginal area was cleaned while she was sedated.