A 21-year-old Maryland man will go to trial this fall on rape charges involving a Penn State student in a Beaver Avenue apartment last October.
Brian Michael Conway was charged July 17 with rape, sexual assault and aggravated indecent assault of a Penn State student in Park Hill Apartments, 478 E. Beaver Ave.
Conway, of Bethesda, Md., was bound over for court on August 16 after his preliminary hearing.
Conway told police he believed the sex was consensual.
According to the criminal complaint, the alleged victim went to Mount Nittany Medical Center on Oct. 9, 2005, and reported to police that the assault started in the early morning hours while she was passed out from drinking.
The woman told police she attended a party at Park Hill, and after she passed out, she awoke with a man on top of her, according to a criminal complaint. She told police he was having sex with her, and she remembers hearing a man's voice talking to her. She said she could not stop the sexual intercourse because of her level of intoxication, according to a criminal complaint.
Police said while interviewing Conway at his home, he gave police three different variations of the events on Oct. 9.
According to the criminal complaint, Conway said he stayed in the bedroom where the alleged victim was staying the night. He told police there was mutual touching between the alleged victim and him.
The complaint said Conway then told police he aided her when she began to vomit and helped her take her pants off because she could not do it herself. The complaint said that Conway said he and the victim had sexual intercourse for a "short period of time." Police talked to numerous men who were at the apartment the night of the alleged incident.
A DNA test showed Conway's semen matched the semen stain found on the alleged victim's pants and underwear, according to a police report. Conway told police that he did not tell anyone he had sex with the alleged victim, and he thought the sex was consensual.
Conway was arraigned and $25,000 worth of unsecured bail was set, meaning he was released and will only have to pay if he fails to appear for future court dates.
