SEBASTIAN – A 23-year-old man was arrested Friday on a charge of Felony Sexual Battery, according to the Sebastian Police Department.
Detectives say the female victim, who is older than 18 years of age, filed a sexual battery report against Rodger J. Missio of Sebastian.
The victim told police that on February 2, 2019, she and Missio were watching television and consuming alcoholic beverages at her residence, according to the affidavit.
“Over the course of the evening, the victim stated she was in and out of unconsciousness and fell asleep on the couch. She recalled ‘blacking out’ while laying on the couch on her left side facing the television,” detectives said.
Moments later, she awakened to find Missio’s crotch allegedly near her face with his hand on the back of her head. She pulled her head away, “which stopped it from continuing,” the affidavit said.
The victim stated she then “blacked out” again and awoke to the feeling of her pants being pulled down. Missio then tried to have intercourse with the victim.
“She said to the defendant, ‘What the fu**, stop’ at which time he did,” the report said.
As part of the investigation, detectives arranged for a controlled telephone call between Missio and the victim.
“During this call, the victim confronted the defendant with the aforementioned allegations, and he repeatedly apologized for his actions. Specifically, she made mention to the defendant that she did not give consent to the defendant to engage in sex with her, and again he apologized for his actions,” the affidavit said.
When the victim asked Missio why he tried to engage in sex while she was sleeping, he replied, “I don’t know,” according to the report.
Detectives then spoke with Missio about the allegations. Missio said he was laying on the couch behind the victim.
“He stated he felt her back up on into him, which he believed to be a signal that the victim wanted to have sexual intercourse,” police said.
Missio admitted to pulling the victim’s pants down while she was asleep. He also recalled hearing the victim say to him, “What the fu**, stop!” Missio was apologetic for his actions when talking with detectives.
Police arrested Missio and charged with him Felony Sexual Battery and transported him to the Indian River County Jail. As of Monday afternoon, Missio was still being held on $250,000 bond.
