A preliminary hearing is scheduled for Jan. 12 for an Elkhorn man charged with having sex with a drunken woman at his home.

Don Michael Hale Jr., 29, was charged Dec. 21 in Walworth County Circuit Court with second-degree sexual assault.

According to the criminal complaint, several people were at Hale’s Hawkhunter Road home on Dec. 9. One woman told police a 22-year-old woman had been drinking a lot and she and friends believed the woman needed to throw up, according to the complaint. The woman, another man and Hale took the woman to the bathroom where they initially left the door open, but then Hale shut the door and locked it with himself and the 22-year-old woman inside, according to the complaint.

The other man and woman could hear muffled screams of the 22-year-old woman saying “No,” and “I don’t want it” coming from inside the bathroom, so they used someone’s credit card to unlock the bathroom door and get inside, according to the complaint. Upon entering the bathroom, they saw the 22-year-old woman with her pants around her ankles and Hale on top of her with nothing on his lower half, according to the complaint. The other woman told police she was able to see that Hale was having sexual intercourse with the woman, according to the complaint.

The man and woman said they helped the 22-year-old woman up, got her pants on and took her to lie down. Police spoke with the woman, who said she did not remember whether Hale had sex with her, but, if he did, it was not consensual, according to the complaint.


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