2 charged in sexually assaulting man; Incident allegedly happened after man passed out

Published 10:15 am Thursday, December 1, 2016

Two men were charged earlier this week with sexually assaulting a man they allegedly drank with the early Thanksgiving morning.

Julio Cesar Barboza-Rodriguez, 30, of Austin and Victorio Bautista-Cruz, 40, of Austin are both charged with criminal sexual conduct of a mentally incapacitated person.

At 7:57 a.m. on Nov. 24, police responded to a sexual assault complaint on the 800 block of Fifth Avenue Southwest, according to court records.

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They found an emotional adult male saying he’d been drinking, playing cards and listening to music with Barboza-Rodriguez and Bautista-Cruz when he blacked out and woke up to one of the men on top of him sexually assaulting him while talking to the other suspect.

The victim told police he’d met Rodriguez online and they met early the morning of Nov. 24. While Barboza-Rodriguez made several sexual advances, which the victim told police he rebuffed.

They drank quite a bit. Bautista-Cruz joined the two later, and he was the one believed to be sexually assaulting him

Bautista-Cruz and Barboza-Rodriguez began hitting the victim when he woke up and then fled the apartment.

They allegedly left a pair of shoes and a sweatshirt at the residence, which cops saw later.

Police later found Bautista-Cruz and Barboza-Rodriguez outside a northwest Austin residence and arrested them.

Bautista-Cruz and Barboza-Rodriguez gave police varying accounts of the ordeal.

Eventually, Barboza-Rodriguez told police he and the victim engaged in sexual activity, though the victim was drunk but awake.

Then he told police the victim became upset when Bautista-Cruz got involved.

However, Bautista-Cruz told police he went to the residence to give Barboza-Rodriguez a ride and found many drinks and cigarettes around the residence.

Bautista-Cruz told police he was “just touching” the victim when he awoke, but he said Barboza-Rodriguez urged him to have sex with the victim but he did not.

The victim was able to pick both men out of a police lineup.