A man charged in the alleged rape of an incapacitated woman in the backseat of his car in Fremont is free on bail.
FREMONT — A 30-year-old man has been charged with raping an 18-year-old woman in the backseat of his car last month after allegedly plying her with alcoholic drinks, causing her to become incapacitated, according to police and court records.
The suspect, Morgan Foster, of Fremont, was charged Tuesday with rape of someone due to alcohol or drug intoxication and rape of an unconscious person. Both counts include an enhancement that the crimes were committed against a vulnerable victim, according to court records.
Foster pleaded not guilty to the charges Wednesday and is free on bail. The bail amount was not immediately available.
According to court records and police, the alleged rapes happened between the night of June 28 and the morning of June 29.
According to the records, Foster and the woman had known each other for about a month and decided to go out together.
One the night of June 28, Foster picked the woman up at her home and drove her back to his home on Merrill Avenue where they “drank multiple shots of tequila” before driving to San Jose, the records say. The records say they visited two bars in San Jose where Foster provided the woman with multiple alcoholic drinks, police said. Foster then drove the woman back to his home.
Video surveillance from the home area showed the woman nearly falling over while trying to get out of Foster’s vehicle at his home. The video shows Foster placing the woman in the back seat of his car and getting on top of her “and having sex with her while she appeared to be incapacitated,” the records say.
The court documents say the video shows Foster exiting the vehicle “with his pants still down at his ankles” and the woman slumped against the seat.
Foster eventually got the woman inside his home even though, according to the records, she was “incapable of walking or keeping herself up” and “at times, her head slumped back as though she was in an out of consciousness.”
The woman later told police she did not remember what happened after leaving San Jose and thought she had been raped, the records say. She said she woke up in the morning in Foster’s bed in a change of clothes, the record say.
Police were notified later in the day on June 29. Detectives with the Crimes Against Persons Unit obtained statements from involved parties and witnesses before locating the video evidence of the assault.
Foster was arrested June 30 at his home.
According to the records, Foster admitted to police he had sex with the woman, but claimed “she was not unconscious and was participating in the act willingly.”
Detectives are looking for other potential victims who may have had contact with Foster.
The investigation remains ongoing, and anyone with additional information is encouraged to contact Crimes Against Persons Senior Detective Ryan Blanchet at 510-790-6961.
