A 20-year-old Seymour man faces a preliminary Level 3 felony charge of rape for his role in an October 2018 incident, according to court documents.

Jacob Charles Tormoehlen was arrested on a Jackson Circuit warrant Wednesday issued earlier in the day by Judge Richard W. Poynter.

According to the probable cause affidavit signed by Trooper Michael Thiron, officers conducted an investigation into the incident after a woman told police days later that her daughter had been raped at a Halloween party.

In an interview with the woman’s daughter, police said she told them she went to the party with a friend where about 10 other people had gathered, according to court documents.

At one point during the evening, the girl said someone brought alcohol to the party even though there was not supposed to be any there.

The woman, who was under 21, said she begun drinking and became intoxicated. She told police she became sick in a bathroom and passed out on the floor but later woke up in a bed with Tormoehlen on top of her, Thiron wrote.

Police collected several articles of clothing the woman was wearing at the time of incident. They also collected a sexual assault kit that was completed at St. Vincent Hospital in Indianapolis.

When police interviewed Tormoehlen, he told police he was helping the woman after she had become intoxicated and sick. He also said he gave her small amounts of food and water.

Tormoehlen told police the woman asked him to rub her stomach and pulled his hand to her lower abdomen. He then told police he asked her if she wanted to have intercourse, and the woman removed her clothing.

Tormoehlen said he started to perform intercourse but stopped because “he couldn’t take advantage” of her. He later went to sleep on the other side of the mattress, Thiron wrote in court documents.

He told police the two later text messaged each other where he tried to explain what happened.

On Thursday, prosecutors filed a motion to appoint a special prosecutor to the case after Prosecutor Jeff Chalfant recused himself because of a conflict.

Tormoehlen was booked into the Jackson County Jail in Brownstown at 7:30 p.m. and is being held without bond pending his initial hearing.

A Level 3 felony is punishable between three and 16 years if convicted. The advisory sentence is nine years.