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(KNSI) – Conor Andrew Gross of St. Cloud was sentenced to four years and two months in prison Monday for raping a woman who was in a helpless state on December 8th, 2019.

Gross, 26, was at an apartment in St. Cloud where several people were gathered together to drink. The Stearns County Prosecutor’s Office says Gross went into the bathroom where he found the victim passed out on the toilet. He claimed he had only moved her so he could use the toilet and left immediately afterward without any sexual activity taking place. Gross says he was afraid the boyfriend of the victim was going to punch him and that is why he departed quickly.

Other people in attendance say they entered the bathroom to see Gross with his pants still down and a bottle of lotion on the floor next to the victim. It was originally on the counter. They believed a crime had occurred.

Police were called out and tried to speak to the victim, who had been moved to the bed. They took her to the hospital because she smelled of alcohol and was unresponsive. A rape kit was performed the next afternoon and it came back positive, matching Gross.

When she woke up, the victim says she had no recollection of the party after about midnight, which was several hours before the rape occurred.

Gross pleaded guilty in January to one count of third-degree criminal sexual conduct involving a helpless or mentally impaired person.

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