HERRIMAN, Utah — A 42-year-old man is facing charges of rape and assault after police say he attempted to sexually assault a woman while her husband was in the bathroom and got into a fight with the husband afterwards.
Hermes Valero Aguiar, 42, was arrested on Sunday and faces charges of attempted forcible sexual abuse, rape, lewdness involving a child, property destruction, and assault.
The Herriman Police Department stated in court documents that they were called to a fight in progress in the 11900 block of South Rope Way. Witnesses stated that a man had been seen walking away from the incident in a gray t-shirt.
When officers arrived, they located the man in the gray shirt and identified him as Aguiar. According to police, he had a strong smell of alcohol on his breath and visible fresh blood marks on his cheek, left ear, and neck. Investigators say the marks appeared to have been made by fingernails.
Aguiar denied that anything had happened, claiming that everything that happened was between family.
At this time, police noticed a woman and a man exiting an apartment. When they spoke to investigators, they showed the injuries they had sustained. Police say the woman had fresh blood on her left foot and a scrape on her elbow; the man had visible blood on his pants.
Detectives noted that the victim also smelled of alcohol.
According to the victim, she, her husband, and Aguiar were in the living room. When the husband went to the bathroom, Aguiar allegedly made sexual gestures towards the victim.
The victim stated that Aguiar told her that he would abuse her anytime her husband was not around and in the bathroom. At that point, the victim stated Aguiar attempted to remove her clothing.
When her husband returned, the victim says she told him what happened, but he dismissed the incident and told her to "not be like that."
Later in the evening, the victim's husband allegedly returned to the restroom, and the victim attempted to place a small dog between her and Agiuar.
That's when Agiuar allegedly smacked the victim with his open hand and exposed himself to her while attempting to take off her clothes. The husband allegedly then left the bathroom, witnessing the assault, and intervened.
When the husband intervened, Agiuar allegedly threw a small table at the husband and almost struck him in the face.
Police observed someone cleaning up broken glass from a ceiling fan in the home. They also spoke to the victim's daughter, who was present at the time of the incident and allegedly saw the attack.
