Charges: Man Broke In, Sexually Assaulted Woman While She Slept

MINNEAPOLIS (WCCO) -- A 34-year-old Bloomington man is accused of breaking into woman's apartment in Minneapolis and sexually assaulting her while she slept, according to charges filed Tuesday in Hennepin County Court.

Davon Allen was charged with first-degree burglary and first-degree criminal sexual conduct in connection with the July 23 incident.

According to the charges, Minneapolis police were called at about 6:04 a.m. to a Cub Foods on a complaint of criminal sexual conduct. Officers spoke with an adult female victim who said an intruder broke into her apartment while she was sleeping, and she woke up to him having sex with her.

The complaint states the victim told police she had been drinking the night before and was sleeping in her bedroom on the 3400 block of Colfax Ave. S. in Minneapolis. She woke up to a man, identified as Allen, engaging in sex with her. She said Allen became startled when she woke up, and he fled the apartment. The victim couldn't find her phone, so she went to Cub Foods to call police.

The victim was taken to Hennepin County Medical Center for a sexual assault evaluation. Officers found her phone in a drain several blocks from her residence.

An investigation at the apartment showed two ground floor windows were missing screens, and one was cut. A bathroom window was also partially open with fingerprints on it. They matched Allen.

He was arrested on July 29 and admitted to officers that he had sex with the woman. He told police he saw her dancing in her underwear while he was walking through an alley and started talking to her. He said they talked through a window for about 40 minutes before she invited him in. Allen said she consented to sex.

The victim said Allen's statement was false. She said she was not dancing, never talked to Allen and was sleeping when he assaulted her.

If convicted, Allen faces up to 50 years in prison and $75,000 in fines.