A 25-year-old Navy man is facing a rape charge after having sex with a woman who was passed out from drinking, court documents state.

Prosecutors charged Kenneth Steiner, Jr., of Lanoka Harbor, N.J., in Island County Superior Court April 30 with third-degree rape.

Steiner pleaded not guilty June 9. The judge approved a sexual assault protection order barring Steiner from within 100 feet of the victim’s home and work.

The case was investigated by Special Agent Jared Warner with the Naval Criminal Investigative Service. He wrote in his report that the alleged victim and another woman drank a great deal of alcohol at the Back Alley Bar at Whidbey Island Naval Air Station in March of 2006.

The two women met Steiner and another sailor at the bar. The two women went home to an Oak Harbor residence, where the alleged victim was reportedly intoxicated to the point of being “completely passed out,” the special agent wrote.

Steiner and the other man also went to the home. The victim’s friend later reported seeing Steiner in bed with the “completely unresponsive woman,” the document states.

The victim reported that she didn’t remember anything, but woke up to find a used condom on her bed. A forensic analysis found that DNA in the condom matched Steiner’s DNA profile, the report states.

If convicted of the charge, Steiner could face from six months to a year in jail under the standard sentencing range.

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