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A 42-year-old Waterford man faces a felony charge of second-degree sexual assault after an incident Sunday.

The felony charge filed Monday in Racine County Circuit Court against Robert W. Hathaway carries a fine of $100,000 and 40 years in prison.

According to the criminal complaint: The victim stated to police that she had gone to the defendant’s apartment with friends, where they watched movies and played games. At the end of the night, they discussed sleeping arrangements, and it was decided the victim would sleep in Hathaway’s bed, while he slept in a chair in the living room.

The victim said she awoke to the defendant sexually assaulting her with his fingers. She said she was “utterly terrified” because Hathaway keeps knives all over the apartment and she had been thwarting his advances all evening.

During the assault, the woman stated the defendant had been lying behind her and wrapped his arm around her neck and his elbow prevented her from escaping his grasp. He also tried to take her shirt off, but she would not let him.

The woman was able to break free, told Hathaway that she needed to use the bathroom, told one of the other friends what happened, and they left the apartment.

Hathaway gave a statement that the victim had been asleep in his bed and that they “messed around” but denied having intercourse with her. When asked if he placed his fingers inside of her, he stated, “I honestly don’t know. … Everything is a possibility.”

Hathaway is due back in court Nov. 21 for an 8:30 a.m. preliminary hearing.

Rex Davenport

Rex Davenport is a reporter, editor and editorial project manager with more than 40 years of experience in newspaper, business magazines and other content channels.