A Massachusetts man is facing sexual assault charges stemming from an incident in Keene last year.
Thoai Kline, 28, of Beverly, Mass., was indicted Sept. 28 on two counts of aggravated felonious sexual assault and a misdemeanor charge of sexual assault. Kline has pleaded not guilty.
Last November, a woman told Keene police she woke up, partially dressed, in a hotel room with no memory of anything since being at a downtown bar the night before, according to an affidavit written by Detective Donald W. Lundin. She said friends told her she left the bar with Kline, whom she knew, Lundin wrote.
Kline told police the woman seemed intoxicated and said he took her to the hotel because she couldn’t drive home, according to the affidavit. In speaking to police, he admitted to having sex with her there after initially denying it, the detective wrote.
Prosecutors allege it was sexual assault because she was unconscious and/or too intoxicated to consent.
In a notice of defense filed last week, Kline’s attorney, Richard Guerriero, called the allegations false. He wrote that the woman initiated the encounter, was conscious the whole time and indicated through her behavior that she consented.
Kline has also been charged with violation of privacy and falsifying physical evidence, which allege, respectively, that he took a photo of the woman and then deleted it.
An indictment is not an indication of guilt but a means of charging someone with a crime.