Idaho Falls man charged with rape, stalking, intimidating a witness
Published atPOCATELLO — A man police say raped a woman while she slept has been charged with multiple felonies.
Joseph Russell Goyen, 32, faces charges of raping an unconscious or sleeping victim, as well as first-degree stalking and intimidating or impeding a witness, court records show.
April 22, 2022
A woman came to the Pocatello Police Department around 11:15 a.m. to report she had been sexually assaulted, according to an affidavit of probable cause.
During an interview, the woman told officers she and Goyen met at her home on March 22 to plan a party. The two were together several hours, until 2 or 3 a.m., she said, and she allowed Goyen to sleep in the living room so he would not have to drive home to Idaho Falls.
The woman went to sleep in her bedroom. Then, at some point, Goyen reportedly came into her room. When she asked what he was doing, the woman said Goyen complained of back pain and asked to sleep in her bed with her.
She said she allowed Goyen to share her bed.
Then, she woke up a few hours later and found Goyen on top of her, sexually assaulting her, the affidavit says. The woman told officers she told Goyen “no” multiple times, but he did not stop, so she pushed him off of her.
Officers asked the victim why it took nearly a month to report the incident. She said she felt that she was to blame for the incident, adding that Goyen told her he thought she was a willing participant. The victim said Goyen apologized about the incident “a lot” the following day.
Due to the passage of time, a rape examination was not performed. And because the bedding had since been laundered, officers were unable to collect evidence.
July 20, 2022
While in Idaho Falls for a separate and unrelated matter, officers stopped at Goyen’s home to question him about the reported rape.
During the interview, Goyen insisted he had not raped the victim, the affidavit says. Rather, the victim had consensual sex with him then regretted it the following day. He said the victim was awake and participated in the incident.
Dec. 28, 2022
The victim came back to the Pocatello Police Department for a follow-up interview. During that conversation, she reasserted her original story, saying she went to sleep and awoke to Goyen assaulting her.
Following the rape allegation, a protection order was placed barring Goyen from any contact with the victim. When Goyen continued trying to contact the victim to speak about the allegations, he was charged with stalking and intimidating a witness.
He was arrested and taken to Bannock County Jail, where he was booked and is currently being held on separate bonds of $75,000 for the rape charge and $5,000 for the stalking and intimidating a witness charge.
Though Goyen has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.
If he is found guilty, Goyen would face up to life in prison.
Following a preliminary hearing on Monday, the matter was bound over to District Court where Goyen will be arraigned and scheduled for trial.