James Theodore King

WARSAW — A Warsaw man has been arrested for raping a female who, according to charges, is so intellectually disabled or deficient that consent to sexual intercourse or sexual conduct cannot be given.

James Theodore King, 1518 Dot St., Warsaw, was booked in the Kosciusko County Jail at 2:13 p.m. Tuesday afternoon, on charges of rape, a level 3 felony, and sexual battery, a level 6 felony.

Court documents were filed Tuesday in Kosciusko County Superior Court 1 by Warsaw Police. According to the report, police were called at 3:27 a.m. Saturday, Feb. 20, to a report of two missing females, over the age of 18 with intellectual disabilities. Warsaw Police Department K-9 unit and his partner were called to conduct a “track.” The females were located at the residence of King.

The females told police King had furnished them alcohol. A portable breathalyzer test indicated one tested .125 and the other tested .129. Police observed both females had poor balance and slurred speech. King stated he had given them McGillicuddy’s Root Beer and he had two alcoholic beverages. King, however, tested .000.

Police spoke to each female. One stated King had carried her into a back room of his home, laid her on the floor and attempted to pull her pants down multiple times. However, she would not allow him and he stopped.

The other female stated King had carried them both to the back room and placed them on top of a blanket on the floor. The female stated while the other female fell asleep, King kneeled next to her and undressed her and attempted to have sexual intercourse with her. She told police the act hurt and she could not say no because she was too drunk. She also said she could not fight or make him stop. King also allegedly fondled her, kissed her and took photos of her naked. He then carried her back into the living room and began to fondle her again.

The female was taken to Fort Wayne Sexual Assault Treatment Center where a sexual assault evidence kit was collected. The sexual assault nurse examiner found an internal abrasion consistent to an attempt of sexual intercourse. Other evidence of where the assault took place was found.

King gave permission for police to search his phone, where police found five photographs of the female in a state of nudity.

King is being held in the Kosciusko County Jail on $101,000 surety bond.