Jason Devon Lenoir

Jason Devon Lenoir

A 20-year-old man who allegedly crawled through a window and raped an intoxicated, sleeping woman told police that while “technically that would be rape” his situation was different because the two of them used to date.

Jason Devon Lenoir faces felony charges for sexual intercourse without consent and burglary, as well as a misdemeanor for violating an order of protection.

Justice of the Peace Marie Andersen set his bail at $100,000 during his initial appearance Wednesday.

Law enforcement officers were called to a disturbance on Sept. 19 after the 18-year-old woman’s neighbor said Lenoir was refusing to leave the area despite being repeatedly told to do so, according to court documents. The woman told her neighbor Lenoir had raped her the previous day.

Lenoir allegedly responded by implying she should be happy it was him instead of another person, according to a court affidavit.

She told authorities she had gone to a concert on Sept. 17 and had consumed seven alcoholic drinks before going home and getting into bed. She woke up around 7:30 a.m. the next day and found Lenoir naked in the bed. She said he told her he had broken into her apartment and had sex with her, which she told officers she didn't remember.

The woman said Lenoir had recently returned to Missoula and had been trying to contact her, and that police had previously warned him there was an order of protection in place preventing such contact.

In an interview with a police detective, Lenoir said when he returned to Montana, he had emailed the woman, who had stopped having contact with him, that he intended to try to see her. When he first went to her home, the police were called, and he was told about the order of protection.

He allegedly said he returned to her home around 1:30 a.m. on Sept. 18 and when the woman didn’t answer the door, he removed the screen from her window, opened it and went inside. Lenoir told the detective the woman was “passed out drunk” and “did not even know” he was there.

During his appearance in Missoula County Justice Court on Wednesday, deputy county attorney Brittany Santorno said Lenoir was arrested for aggravated assault in Texas a month ago, shortly before returning to Missoula.

In addition to setting his bond at the $100,000 Santorno requested, Andersen allowed Lenoir to be screened for pretrial supervision and ordered that if he is released he will be on GPS monitoring

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