Two Kenyan men living in the US face felony charges after they sexually assaulted a woman with mental and physical impairments at the Mystic Lake Casino Hotel in Minnesota on March 20,2019.
According to Southwest News Media, a UK and US media content agency, Francis Kamau, 39, and Kenneth Wagacha Kibe, 37,are charged with third degree criminal sexual conduct for penetration.
According to the US law, a person is guilty of sexual assault in the third degree when they engage in sexual intercourse or sexual intrusion with another person who is mentally incapacitated.
For violating the provisions of this section, the two men will be imprisoned in a state correctional facility for a maximum sentence of 15 years, a fine of $30,000(Sh3 million) or both.
Francis Ndegwa Kamau, 39, of Spring Lake Park was arrested in Minneapolis and booked in the Scott County Jail on August 8.
His arrest came three months after the county attorney filed charges against Kamau and his counterpart Kenneth Wagacha Kibe, 37, of Burnsville.
The warrants allege that on the afternoon of March 30, Kamau and Kibe approached the woman while she waited at the casino buffet. The three chatted for a while before a casino surveillance video shows them entering a hotel room for more than an hour.
The woman told police that when the group entered the hotel room, both men tried to have sex with her several times even though she told them to stop. During an sexual assault exam at St Francis Medical Center, the woman told a nurse that Kamau had told her he wanted to have her baby.
Both Kamau and Kibe were at the casino when police arrived on the scene. During Kibe’s interview with officers, he said he had recorded a portion of the assault without Kamau’s knowledge.
Kamau initially denied being involved in the assault. When officers told him that Kibe had a video of him on top of the woman, he reversed course and said that she was enticing them and that they were not serious about having sex.
Both men told police that they noticed the woman had a limp but did not realise that she had any cognitive disabilities.
Officers found and photographed “blood or other bodily fluid” and a condom wrapper on the bed sheets of the room.
According to Prior Lake Police and court records, the warrant for Kibe has not yet been served, and he has not been arrested.