Teens played rock, paper scissors to see who raped unconscious girl first, Merced County authorities say

At a house party in Winton last summer, investigators say two young men encouraged a 17-year-old girl to drink beer until she was so drunk they carried her to a bedroom. The last thing she remembered before passing out, authorities say, was seeing the two men playing rock, paper, scissors, a game that determined who would have sex with her first.

Details of the July 2016 incident are described in court records filed in the case of Braxton Nash Bentley, 19, who was arrested this week and is charged with four felony counts, including rape by use of drugs, rape of an unconscious person and conspiracy to commit a crime. Bentley also faces a misdemeanor charge of unlawful sex with a minor not more than three years younger than him.

He has pleaded not guilty to all charges. According to an investigator’s report, Bentley said he “did not want to be known as a rapist or molester when the victim was just sitting there being a ho.”

It is unclear whether the other suspect, who is 17, faces criminal charges.

According to investigators’ reports, the victim told a Merced County Sheriff’s deputy she was dropped off at the Winton house party where Bentley was with four other friends. She said she knew Bentley and another underage teen there through social media.

Bentley, who was 18 at the time, encouraged her to drink by putting beers up to her mouth, she said. After she drank about five beers, Bentley and the 17-year-old male carried her to a bedroom where she passed out, she told the deputy. The other people at the party had left, she said.

Before passing out, the victim said she remembered the juvenile suspect and Bentley playing rock, paper, scissors.

When she woke up, the male juvenile was having sex with her, and she yelled “What are you doing?” He responded that the victim said it was okay. The victim put on her clothes and left.

The young woman reported the incident to authorities the next day, and the Merced County Sheriff’s Office opened an investigation. In the months since, authorities have interviewed the victim and suspects multiple times and waited for results of testing of genetic material found on the victim’s underwear.

The Merced County District Attorney’s Office filed charges against Bentley in late March.

After a warrant was issued for his arrest, Bentley was booked into jail on Monday. He remained in the John Latoracca Correctional Center on Wednesday with bail set at $100,000. He is scheduled to appear in court for a preliminary examination on April 24.

A report by investigators said that the 17-year-old suspect admitted during a secretly recorded phone call the victim didn’t give verbal consent, but said her “actions were different.”

He said the victim flashed him and Bentley, took his hand and put it on her groin area and was dancing on him. He also said the victim “licked his lips,” the reports say.

He apologized to the victim, saying they both were drunk, and, if he could take it back he would, the reports say.

During an interview with a deputy, the 17-year-old suspect said he felt betrayed because the victim “was clearly enjoying it,” reports show.

In two interviews with a deputy, Bentley said he helped carry the victim to the bedroom and then went outside to smoke a cigarette. He denied having sex with her.

The victim did not remember any sexual encounter with Bentley, according to reports.

But after a DNA test of material on her underwear matched that of both men, Bentley admitted to having sex with the victim, according to court records. He also admitted to playing rock, paper, scissors to see who would have sex with the victim first.

He acknowledged that, since the victim was drunk, she was unable to give consent. But, he argued that she was conscious and aware of what was happening.

Ilia McKinney, the deputy district attorney prosecuting the case, said it centers around consent. “The victim stated she was not conscious when these two men had sex with her,” McKinney said.

Bentley is represented by Chief Deputy Public Defender Vincent Andrade, who did not return messages before the Sun-Star’s deadline.

This story was originally published April 12, 2017 at 7:00 PM with the headline "Teens played rock, paper scissors to see who raped unconscious girl first, Merced County authorities say."