WAPELLO — A Wapello man will spend two years in prison after pleading guilty to assault with intent to commit sexual abuse as part of a plea agreement, avoiding a possible 10 years in prison for third-degree sexual abuse.
Court records show Dustin Bibens, 28, of Wapello, on Aug. 20 entered a written plea of guilty to the aggravated misdemeanor. During a sentencing hearing on Oct. 15 he was sentenced to a term of confinement not to exceed two years in the Iowa Medical and Classification Center in Oakdale.
His sentence will run concurrent with the outcome of two other cases against him. He is also ordered to pay $855 and 15 percent crime services surcharge and a $90 sexual abuse surcharge. He will also have to register as a sex offender for a minimum of 10 years.
According to a press release from the Wapello Police Department, on Wednesday, May 19, the department received a report regarding a sexual assault in Wapello. The police report said the victim suffered from mental or physical incapacitation, which precludes giving consent. An investigation ensued.
According to the arrest report, officers were called to the Great River Medical Center in West Burlington for reports of a sexual assault. The alleged victim had told staff she believed she had been sexually assaulted but that she didn’t know what had happened. She had reportedly been drinking with several other people that night. According to multiple witnesses, the woman went from being sober to extremely intoxicated quickly. Witnesses believed she had been drugged.
The subject did not remember leaving the bar and getting a ride to a residence in town, didn’t remember being walked from that residence to her room at a local motel and didn’t remember what took place in the room. She later learned that Bibens had walked her home. She advised the next day she observed her clothing and it didn’t look right.
The department began an investigation and interviewed multiple people over the telephone and in person. Witnesses who observed Bibens walking her to the motel were interviewed. Two witnesses provided police with two videos along with verbal and written statements.
The woman provided text messages from Bibens for three days prior, during which time Bibens had messaged the subject over 100 times without her responding to him. The messages indicated Bibens was infatuated with the subject. The subject reported she never wanted a relationship with Bibens and had had problems with Bibens trying to grope her.
Bibens was interviewed twice and gave his accounts of the evening. The report said his timelines were off. After seeing the video, Bibens said he had consensual sex with the victim.