SAN ANTONIO – A 41-year-old man accused of raping a woman while she was sleeping in her friend's home was arrested and charged with sexual assault.
The man, identified as Edgardo Yanez, was taken into custody Wednesday after police said he sexually assaulted the woman on June 11.
According to an arrest affidavit, the woman was asleep and woke up to find Yanez on top of her, raping her.
The woman told police that she met Yanez the night of the assault through friends of friends and did not interact with him beyond saying “hello” when they first met.
She told San Antonio Police Department investigators that Yanez only spoke Spanish and that she did not speak the language.
According to the affidavit, the woman said she pushed Yanez off of her, ran out of the room and locked herself in a bathroom.
The woman said she found a mark on her neck the next morning that she believed was from Yanez that happened when she was sleeping.
A Sexual Assault Nurse Examination, or SANE, kit was submitted to the Bexar County Criminal Investigation Laboratory, where forensic serology recovered saliva from the woman’s neck, according to the affidavit.
During the execution of a search warrant for Yanez’s DNA, investigators said he gave conflicting statements when asked about the night of the assault, the affidavit states.
Yanez confirmed to investigators, however, that he had just met the woman that night and had not talked to her because she didn’t speak Spanish, according to the affidavit.
The affidavit states that Yanez said he did not know if the woman was awake or sleeping when he began to have sex with her because the “lights were off.”
Yanez told investigators that when the woman woke up, she began to cry and went to the bathroom, the affidavit states.
Yanez is being charged with sexual assault, a second-degree felony. His bond was set at $50,000.
According to jail records, Yanez was released on bond the day after his arrest.