Posted: 5/24/05
Spring Grove man charged in sexual assault
Charles R. Nierling, 30, was charged in Houston County on May 18 with third and fourth degree criminal sexual conduct.
He is accused of raping a woman at her boyfriendís house in Eitzen in the early morning hours of May 17.
Nierling told Third District Judge James Fabian that he had lived in New York for the last seven years, and had been back here for a week. He said he was living in a storage building in Eitzen.
His parents, who live in Iowa but have a Spring Grove address, were in the courtroom.
Fabian set unconditional bail at $20,000 and conditional bail at $5,000 conditional. He also assigned a public defender. Nierling will make his next court appearance on May 31 at 2 p.m. He is now out on bail.
According to court documents, Nierling met the woman at a bar in Eitzen on May 17. He allegedly told her that he did not have a place to stay, so she invited him to her house to sleep on the couch.
She became alarmed because ìhe was freaking her out and touching her in ways that she did not like,î the criminal complaint states. She said she went into a bathroom and called her boyfriendís brother for help. He called 9-1-1. Deputy Luke Sass arrived shortly after the alleged assault. She told the deputy repeatedly that she didnít want sexual contact with Nierling, the complaint states.
Nierling told Sass that they had drunk alcohol together at her house. He denied that she said no or indicated that she didnít want sexual contact. He said they had consensual sexual contact. He denied having sexual intercourse with her.
The woman was taken to La Crosse, Wisconsin, for a medical evaluation after the alleged assault.
Nierling had a blood alcohol content of .17 three hours after he was arrested.
Third degree criminal sexual conduct carries a maximum penalty of 15 years in prison and $30,000 fine. Fourth degree criminal sexual conduct carries a maximum penalty of 10 years in prison and a $20,000 fine.
Caledonia Argus
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