Grand Forks man accused of sexually assaulting sleeping woman pleads not guilty
Feb. 23—GRAND FORKS — A Grand Forks man accused of sexually assaulting a sleeping woman was arraigned in court and pleaded not guilty on Wednesday, Feb. 22.
Erik Gonzalez, 38, was arrested in December and charged with Class A felony gross sexual imposition "victim unaware," which has a maximum sentence of 20 years in prison.
Gonzalez is also charged with Class B felony attempted gross sexual imposition "victim unaware," Class C felony burglary and Class A misdemeanor sexual assault.
At approximately 2:30 a.m. on June 26, the Grand Forks Police Department was dispatched to a sexual assault report, according to an affidavit in the case.
The woman told authorities she went to the Grand Forks County Fair with others the previous day. When they returned, she invited her neighbor — Gonzalez — over, so everyone could have dinner together, the affidavit said.
At approximately 12:30 a.m., the woman laid down in bed before falling asleep, she told police. At the time, Gonzalez was still in the kitchen with her friend. According to the affidavit, the woman said both individuals left shortly after, and she went to bed.
The affidavit says the woman woke up "and learned that a male had entered her apartment without her permission and sexually assaulted her while she was sleeping."
She repeatedly told the man, later allegedly identified as Gonzalez, to stop and tried pushing him away. When the woman began to cry, Gonzalez left without saying anything to her, the affidavit said.
Gonzalez was interviewed on July 14 in his residence. According to the affidavit, he said he was at the victim's apartment on June 25.
According to the affidavit, Gonzalez denied having sexual contact with the woman, on that day or any other. He said he did not touch her while she was sleeping.
Gonzalez voluntarily provided a DNA swab that was sent to the North Dakota Crime Laboratory for analysis. On Nov. 15, the crime laboratory published a DNA laboratory report indicating that the sample Gonzalez provided matched the profile found on a DNA swab of the victim, the affidavit said. An additional DNA swab matched both the victim and Gonzalez.
Gonzalez's final dispositional conference is scheduled for May 4.