Athens man pleads not guilty in sex assault of woman with dement - WAOW - Newsline 9, Wausau News, Weather, Sports

Athens man pleads not guilty in sex assault of woman with dementia

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WAUSAU, Wis. (WAOW) -

A 56-year-old Athens man accused of having sexual contact with a woman who suffers from dementia at an assisted living center pleaded not guilty Monday, according to online Marathon County court records.

John Niemann is charged with second-degree sexual assault of a victim who suffered from a mental deficiency in the Feb. 22 incident at Copper Leaf Assisted Living in Rothschild. No trial date was immediately set.

A woman who suffers from dementia would be unable to consent to sex, the criminal complaint said.

According to the three-page document:

Niemann was at the center to visit his wife, also a resident who suffers from dementia.

Two workers checking rooms about 11:30 p.m. discovered Niemann naked in bed with the victim, who had been declared incompetent in April.

Niemann told investigators he knew the victim from visiting his wife and after a visit the victim hugged him, leading to them getting naked and rubbing each other. Niemann denied sexual intercourse occurred.

Niemann said the woman "did not say anything to him to make him believe she was aware of where she was or what was going on," the complaint said. "He said when (she) does talk to him, she usually refers to him as someone being named Jim and he is unsure who that is."

The maximum punishment for second-degree sexual assault of a victim with a mental deficiency is 40 years in prison.

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