Two Fort Carson soldiers accused of raping teen plead not guilty

Two Fort Carson soldiers who are accused of raping a 17-year-old girl after meeting her at a teenage party were in court Monday morning (6/1/15).

According to court documents, 20-year-old Spc. Noel Acevedo-Mercado and 19-year-old Pfc. John Donathan met the teen at a party off Gold Camp Road on Oct. 4 of last year.

Police say part of the group went to the teen’s home. The girl became ill after drinking half a bottle of whiskey and went upstairs. She told police the men followed her and took turns raping her.

Each soldier is charged with three felony counts of sexual assault. Both men entered not guilty pleas Monday.

Police say Acevedo-Mercado chuckled when asked whether the girl had said no, but they say he also expressed regret over what happened.

The two have only been charged, not convicted. But TESSA said scenarios like this alleged assault happen far too often.

“Victims often like to play the ‘what if’ game. ‘What if I fought back harder, screamed, hadn’t been drinking?'” said victim advocate Kristy Boots.

A local attorney weighed in on the charges as well, saying the report that alcohol was involved could play a big role in future court proceedings.

“If a victim of sex assault is too drunk to make informed consent, then that is considered sex assault,” said attorney Jeremy Loew.