On March 5, 2023, at approximately 11:56 a.m., St. Cloud Police Officers were dispatched to a residence on 7th Avenue North in St. Cloud, Stearns County for a reported sexual assault. Officers met with A.M.S. (adult female fully identified in police reports). AMS stated that females at the residence had been sexually assault by Jacob Jared Weaver, the defendant herein.
Officers spoke with Victim A (minor female). Victim A stated she was laying in bed with Victim B (minor female). The defendant sat down on the bed and would not get off when asked. The defendant then grabbed Victim A’s inner thigh near her vagina over the clothing. The defendant also grabbed Victim A’s buttocks and squeezed it and Victim A’s breasts three or four times. This was over the clothing. Victim A told the defendant to stop several times. Victim A took her prescribed sleep medication and later went to sleep. When she woke up her shorts and pants had been pulled down to her mid-thigh and her sweatshirt was off. Her shirt and bra were pulled up exposing her breasts. The defendant was still in the bed. Victim A had received Snapchat messages from the defendant wanting to do sexual acts to her. The defendant knew Victim A’s age of fourteen years old.
Victim B reported that the defendant had gabbed her buttocks over the clothing. The defendant also put his hand between her underwear and pants and touched her vagina over her underwear. Victim B felt foggy due to taking her medication. Victim B fell asleep. When she woke up her shorts and underwear were down to her mid-thigh, while her shirt and bra were lifted up over her breasts, exposing them. The defendant was still in bed with her and only wearing boxers. Victim B is 17 years old.
Officers spoke to Victim C (minor female). Victim C stated she had been in the upstairs bedroom when the defendant sat on the bed. Victim C heard Victim A tell the defendant approximately 10 times to get off the bed. Victim C stated that the defendant has grabbed her buttocks, breasts, and inner thigh over the clothing at this residence approximately 10 times in the past dating back to October of 2022. Victim C is now 13 years old.
The defendant gave a Mirandized statement. He admitted bringing alcohol to the residence and drinking to intoxication. He knew the ages of Victim A and Victim B. He only touched Victim B’s buttocks with her clothes on.
The defendant is more than 36 months older than Victim’s A and C.
Complainant has reason to believe and does believe that all of the above information is true and correct.
The above facts constitute your complainant’s basis for believing that the above-named defendant, on or about the 5th day of March 2023 in the City of St. Cloud, County of Stearns, State of Minnesota, committed the offenses described herein.
Jacob Jared Weaver, did engage in sexual contact with anyone under 18 years of age and the complainant is under 14 years of age and the actor is more than 36 months older than the complainant. [Victim C]
Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense. The state is not required to prove that the sexual contact was coerced.
That the defendant, Jacob Jared Weaver,did engage in sexual contact with anyone under 18 years of age and the complainant is at least 14 but less than 16 years of age and the actor is more than 36 months older than the complainant. [Victim A]
Consent by the complainant to the act is not a defense.
Mistake of age is not a defense unless actor is less than 60 months older. In any such case, if the actor is no more than 60 months older than the complainant, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant’s age shall not be a defense.
That the defendant, Jacob Jared Weaver, did engage in nonconsensual sexual contact. [Victim B]
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