Andrea Fisher

anfisher@greatfallstribune.com

A Vaughn man faces a rape charge for his alleged conduct with a man who had “passed out” after drinking.

John Adam Halverson, 48, is charged with one count of sexual intercourse without consent, a felony. He made an initial court appearance Wednesday.

According to court documents, a 23-year-old man reported that he woke up to find Halverson performing oral sex on him Aug. 27. The man said he and another friend stayed at Halverson’s home after attending a party where alcohol was served.

The Cascade County Sheriff’s Office report says the man reported his pants and underwear were around his ankles when he woke up, he pushed the defendant off of him and left the home with a friend to report the incident.

The report says the man was transported to the emergency room for a sexual assault examination.

The report says Halverson first told a deputy the sex act was consensual, but later admitted that the man was “most likely passed out.” Halverson said he did not know how the man’s clothing was removed but “surmised he must have done it.”

Halverson reportedly told the deputy he is bisexual and attracted to the man, but that the man never said or did anything to indicate he was interested in any sexual contact with Halverson.

The state requested bail be set at $10,000, citing Halverson’s full-time employment with the Air National Guard and 19 years as an area resident as reasons for the request. Halverson is also a veteran of the U.S. Air Force.

District Judge Greg Pinski noted the request was “low for this type of offense,” but the amount accounted for Halverson’s ties to the community.