Racine police say a 20-year-old man is facing a sexual assault charge after he had sex with a woman he thought was his girlfriend but wasn’t.
Edwin Delgado will appear in Racine County Circuit Court Nov. 30 to face formal charges of third degree sexual assault that could land him in prison for up to 10 years and/or pay up to $25,000 in fines.
According to the criminal complaint filed Sept. 29, a woman woke up last April to find Delgado sexually assaulting her. She pushed him away from her and starting yelling and hitting him.
Police say Delgado and his girlfriend fell asleep in the same bed as the woman. Sometime during the night, the girlfriend got up and went into the living room to sleep on the couch. Delgado claims he thought the woman was his girlfriend when he started having sex with her, but the girlfriend told officers the women have completely different body types.
A $15,000 warrant was issued for Delgado’s arrest, but it was canceled Oct. 19. His initial appearance was originally scheduled for Wednesday, but was adjourned until Thursday so he can obtain a lawyer.