NAMPA, Idaho — A man is charged with rape after police say he had sex with a woman at a Nampa apartment, despite the victim telling him to stop.
Nehemiah Cholak, 18, was arrested early Sunday morning.
According to court documents, someone called 911 at 5:20 a.m., telling dispatchers that she could hear a woman screaming inside one of the apartments.
The caller reported that she had seen a woman and two men arrive at the apartment earlier that morning. About 45 minutes later, she said, she heard the woman scream "no," "let me go," and "I don't want this"
The reporting party said she called police because she was concerned for the woman's safety.
Officers responded to the apartment, and spotted Cholak trying to leave out the back door. The other man ultimately let the police inside.
The officers spoke with the victim, who told them that Cholak had had sex with her that was not consensual, according to court documents. The woman, who was ultimately taken to Saint Alphonsus for a rape kit, told investigators she had met the suspect and the other man at her work, and had invited them over to her apartment.
The woman told police she drank alcohol and then had sex with the other man. According to court documents, the victim said she did not want to have sex with him, but did not tell him no.
The woman said Cholak then began having sex with her, and she told him to stop.
"[The victim] said she told Nehemiah no but he still had sex with her," officers wrote in a probable cause affidavit.
The other man in the apartment told investigators he and the woman had consensual sex, then he stepped outside to smoke. When he came back, he said, Cholak was having sex with the woman, who was crying and saying "no."
According to court documents, the man told Cholak to stop, but he did not. The man then tapped him on the shoulder to make him get off the victim, he said.
In an interview with detectives, Cholak first denied having sex with the woman, then later admitted it but said she never told him "no."
"Nehemiah said once [the victim] told him to stop when they were having sex, he stopped," the probable cause affidavit reads.
Cholak was ultimately arrested on the felony rape charge and booked into the Canyon County Jail. He is currently held on a $250,000 bond, and is due to appear in court Sept. 20 for a preliminary hearing.
He was ordered to have no contact with the victim.
Rape is punishable by up to life in prison.
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