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Man bound over for trial on rape charges

By Janice Peterson - Daily Herald - | May 19, 2010

PROVO — A Sandy man was bound over for trial on Tuesday on allegations he raped a woman, who later called police under the guise that she was speaking to her sister.

Jake James Machan, 25, is charged with rape, object rape and aggravated kidnapping, all first-degree felonies.

The woman testified at Machan’s preliminary hearing Tuesday that she went with Machan to buy some cigarettes Feb. 3, but soon began to feel very drowsy. She said she had taken some cold medication that evening and also had some vodka while in Machan’s car. She also said she has a medical condition that can lead her to become very drowsy, especially when drinking alcohol. She said she told Machan she wanted to go home, but he kept telling her she needed to stay awake.

“Five or six times, I told him I wanted to go home and that I needed to go home,” she said.

The woman said she then fell asleep and awoke to find Machan raping her. She said all of her clothing was off, and she did not know where they were. She said she cried and told him to stop, asking why he didn’t take her home.

“He promised he would take me home if I didn’t say anything,” she said.

The woman said Machan began driving down a dirt road somewhere, and she called 911, pretending to talk to her sister. She was able to direct dispatchers to where the vehicle was located during the conversation, and police soon arrived. She said Machan turned off the vehicle’s lights as soon as the police arrived, and officers then surrounded the car.

Defense attorney Ron Yengich questioned the woman about whether she ever sent explicit photos to Machan, and whether she called him by nicknames. He also asked the judge to advise the woman to provide her phone to prosecutors as evidence. The woman agreed to turn over the phone and said she never sent explicit images of herself to Machan.

She said she was never flirtatious with Machan in the month she knew him and never came onto him.

The woman said she spoke to Machan two or three times a day or through text messages, but said they were only acquaintances.

Yengich also questioned her about a separate allegation of rape that she made, which she said was prosecuted in Salt Lake City.

An officer testified that Machan said in an interview that he and the woman were to go four-wheeling, but the woman kept falling asleep. While traveling south on State Road 68, they neared Camp Williams when the woman woke up and asked Machan if she could take all her clothes off, he allegedly told the officer.

Once the officer began asking about any sexual activities, Machan allegedly invoked his Miranda rights.

The officer testified that a water bottle in the vehicle was tested and showed no evidence of GHB, known as the date rape drug, or other drugs. He also said there was one bottle of vodka in the vehicle, which was unopened.

Prosecutor Chad Grunander said if someone is unable to give consent due to intoxication or other reasons, it is presumed that no consent was given. He said such a circumstance may play a role in this case, but that the woman also verbally and physically tried to stop the assault.

“We’re alleging that she said ‘no’ and it was against her will,” he said.

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