20-year-old charged for sex crimes on passed out female pleads not guilty

Published 10:03 am Tuesday, November 22, 2016

A 20-year-old accused of engaging in sexual acts with a highly intoxicated female at a party this spring pleaded not guilty in Mower County District Court Monday.

Brandon Jerome Miller

Brandon Jerome Miller

Brandon Jerome Miller, 19, is charged with third-degree and fourth-degree criminal sexual conduct with a mentally incapacitated or physically helpless victim, both felonies.

The case stems from an April 2016 party where a group of young adults, some home from college, drank at an Austin home. After the party, Miller reportedly bragged to friends about feeling up the victim, engaging in fellatio with the victim and saying they were going to be friends with benefits, even though witnesses reported she appeared to be passed out after drinking.

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According to a court complaint, the group met for the party and everyone was encouraged to take shots. The victim didn’t know how many shots she took but had no recollection of the events after about midnight. She woke up fully clothed the next morning and alone on a couch with Miller on another couch in the room.

Miller gave the victim her belongings and two Ibuprofen tablets before she went home and then back to college.

About a month later, the victim was home for summer break and another person at the April party apologized for what happened, even though the victim didn’t know what he or she was talking about.

The witness reported seeing Miller and the victim on a couch with a blanket covering them. Police interviewed various witnesses, who reported seeing the victim partially dressed in the home’s basement before Miller carried her upstairs while she looked passed out.

Another reported seeing Miller and the victim, who appeared unconscious with her breasts exposed, in a bathroom; however, Miller told the witness to “get out” because the victim had thrown up and he was “cleaning her off.”

Witnesses and friends later told police the victim never expressed any attraction to Miller, who they said had poor boundaries with women and would trap them in is basement and not let them leave until they kissed him.

Some at the party reportedly later confronted Miller about what happened.

Miller is next due in court Nov. 21.