Steven Edwin Simon Jr., 40, of Austin was charged with felony first-degree criminal sexual conduct-penetration-personal injury-force or coercion and felony third-degree criminal sexual conduct-force or coercion.

According to the court complaint, police took a report on Tuesday from a woman who said her friend was likely the victim of a sexual assault.

She was also concerned the victim may have been injured during the assault. Police then conducted a welfare check and made contact with the victim and her boyfriend at their Austin residence.

The complaint states the victim was upset and crying, telling police that she had been raped. She said that she and Simon were in her residence at about noon that day, smoking marijuana and talking about her relationship. She said Simon told her she “deserves better” and expressed his desire to “fool around” and not tell her boyfriend. She said she told him no, but he began touching her left inner thigh and said, “It’s okay, we can do stuff.” She said he then pulled down her pants. She told him no and tried to pull her pants back up, but he prevented her.

She said Simon then raped her and that she didn’t fight back because he was bigger and she was “scared” of him, the complaint states. She alleged that Simon told her they should “be together” after he finished. After the incident, the victim said she took a bath because she felt “dirty.” She had thrown away the clothes she was wearing at the time. The police collected them from the trash as evidence.

Police then spoke to the victim’s boyfriend, who said he came home from work at 2 p.m. to find the victim bathing. He said she seemed upset, but would not tell him why. When he checked her cell phone, he discovered text messages to her friend that made him believe she had been sexually assaulted. He then said the victim told him Simon was the one who assaulted her.

Police went to a residence in the 200 block of 11th Avenue Northeast and made contact with Simon, who said he knew why the police were there, the complaint states. He said the victim’s boyfriend “must have found out about the affair” and was arrested.

A review of Simon’s criminal history shows prior convictions for theft by swindle, domestic assault and stalking.

Simon will appear in court again on Nov. 19.