A charge against a man accused of having sex with a passed-out woman at a party in Stafford has been sent to a county grand jury.
Samuel L. Moore, 31, of Newark, N.J., is charged with aggravated sexual battery.
He is charged under a section of the code that makes it illegal to have sex with someone who is too incapacitated to give consent.
According to evidence presented in Stafford General District Court Wednesday, the incident occurred at a New Year's Eve party in Hampton Oaks celebrating the arrival of 2007.
Moore and the victim, a 20-year-old member of the Army, were among the guests at the party. Both are associated with the homeowner, prosecutor Amy Casey said.
People were smoking marijuana and drinking heavily at the party, according to testimony. The victim testified that she was drinking and eventually passed out on a couch.
When she woke up, the woman said, her pants were off and Moore was having sex with her.
She pushed him off, ran upstairs and immediately called a friend. She went to Mary Washington Hospital that night and got a set of tests given to alleged rape victims.
Casey said Moore and the woman had just met that night and she did not consent to have sex with him.
Moore wasn't arrested until Jan. 22 of this year, when he was stopped in Stafford for going 70 mph in a 45 mph zone, court records show.
The deputy who made that traffic stop checked Moore's information and learned that he was wanted on the sexual assault charge.
Moore is free on bond. Attorney John Spencer is representing him.
Keith Epps: 540/374-5404
Email: kepps@freelancestar.com