Affidavit: Intoxicated man sexually assaults sleeping woman

TULSA - A Tulsa man is behind bars facing a rape charge after a 22-year-old woman reported he sexually assaulted her at a friend's house days earlier.

According to the affidavit, James Toney, 42, was heavily intoxicated when he assaulted the sleeping woman at a north Tulsa home Jan. 2.

Toney is the uncle of one of the victim's friends.

The victim told police she had taken prescription anxiety medication and later took several shots of whiskey at a friend's house.

The victim went to sleep and woke up to Toney trying to kiss her, according to the affidavit.  She said she told him to stop and she rolled over.

Some time later, the victim awoke to a witness screaming at Toney, who had allegedly removed the victim's pants and assaulted her while she slept.

According to the affidavit, the witness removed Toney from the home.

Days later, Toney was interviewed by detectives and he confirmed the incident had occurred; however, he initially told police the victim gave consent.

He later said she was too intoxicated to do so.

Toney told detectives he was very intoxicated and may not have realized the victim was sleeping. The victim told police she was "'tipsy' but not extremely intoxicated."

Based on his interview, police arrested Toney, who is now facing a charge of rape by instrumentation.

He has a previous conviction for assault and battery with a dangerous weapon, according to the affidavit.