A Tooele man has been arrested and charged for allegedly raping a woman over a year ago after DNA tests were completed.
According to a probable cause statement, in February 2012 the victim went to a party with a friend and afterwards walked to a nearby house with Nathan Cardenas, 26, and another other person.
The victim said she went to sleep fully clothed in the living room while the other two were in a bedroom. She allegedly awoke with Cardenas kneeling next to her, kissing her and telling her to be quiet.
The victim pushed him off, told him to stop, and fell back asleep. According to the probable cause statement, the victim awoke several hours later. Although fully clothed, she determined that she had allegedly been raped. She went to Mountain West Medical Center where a forensic test was conducted.
Biological fluid picked up by the test was analyzed by the Utah State Crime Lab. A DNA analysis did not match the other occupant of the house that night, according to a probable cause statement, and Cardenas could not be found to check the results against his DNA profile.
According to the statement, officers located Cardenas in November, and he denied having sex with the victim. However, he consented to a DNA test.
Results from that test were returned to Tooele City Police last Thursday and indicated that Cardenas’ DNA was a match. He was further questioned by police but declined to answer, according to the probable cause statement.
Gary Searle, chief deputy county attorney with the Tooele County Attorney’s Office, said the police report stated the victim told investigators she had been drinking some at the party, and could not remember the alleged rape.
Cardenas was charged Monday with rape, a first-degree felony. His initial court appearance in 3rd District Court has been scheduled for next Monday.