MADISON (WKOW) – A UW-Madison ROTC student was charged Friday with two counts of felony, second degree sexual assault of a woman incapable of giving consent due to intoxication.
23-year old Benjamin Horn is with the Badger Battalion Army ROTC and scheduled to appear in Dane County court on the charges June 27.
A criminal complaint states the woman met Horn at the Madison night club where Horn works as a bartender.
The complaint says on April 5, Horn and the woman went to two Madison bars. The complaint states the woman was strangely already feeling out of control.
“Given the amount of alcohol she consumed…she did not believe her sudden incapacitated state to be a result of alcohol,” the complaint says. The complaint makes no reference to the woman’s use of anything other than alcohol, nor is there any charge against Horn involving drugging the woman.
The complaint states Horn and the woman went to his West Johnson Street apartment. Records say she was barely coherent, waking to find herself on a bed as Horn attempted to take off her clothes.
“She was not able to speak or move,” the complaint states. “The defendant eventually was successful in removing…clothing.”
Court records state Horn then sexually assaulted her over a period of time.
Police say the woman came to the central police district within forty-eight hours of the incident, after first going to a forensic nurse examiner, who found injuries to the woman consistent with being sustained during sexual acts.
Records show the woman had the clothing from the evening of the encounter and had not washed the items.
The complaint states after the incident, the woman received a message from Horn’s Snapchat account: “How you feeling champ.”
27 News has been unable to reach Horn for comment, nor his supervisor at the Badger battalion.