A 29-year-old Bloomington man was arrested on Feb. 18 on a felony rape charge after allegedly engaging in sexual activity with a former partner without consent.

James Dale Frye was arrested on a Level 3 Felony rape charge by Greene County Sheriff’s Department Deputy Michael Stanley after an investigation regarding an incident that occurred between Frye and his former partner last month. A warrant for Frye’s arrest was issued on Feb. 14.

Officer Davis Aerne of the Linton Police Department received a call from the victim stating she had been raped by Frye on Jan. 6. She told Aerne she had gone to IU Health-Bloomington Hospital for an examination by a Sexual Assualt Nurse Examiner that same day and agreed to an interview with Aerne on Jan. 13.

During the Jan. 13 interview, the victim said she and Frye previously dated but had broken up earlier in the month. The two had lived together in an apartment and she agreed to allow him to stay there after the breakup. The victim said she left the apartment after the breakup and did not return until Jan. 5. When she returned, she told Frye they would never be romantic or sexual again to which, according to the probable cause affidavit, he agreed.

On the morning of Jan, 6, Frye reportedly went to sleep between 1 a.m. and 2 a.m., while the victim didn’t go to sleep until around 5 a.m. The victim, according to the probable cause affidavit, said she was woken up at approximately 8:45 a.m. laying on her stomach with Frye’s penis inside her. She said she pushed Frye away and he stopped, got off the bed, and began apologizing. According to the victim, Frye said, “I’m so sorry,” “I just raped you,” and “I’m disgusting”. She told Aerne she asked him why he was having sex with her while she was asleep and he allegedly said he had previously been performing oral sex on her and thought she was awake. She said she then drove him to a family’s house in Monroe County and went to the hospital to have the exam performed.

The victim provided Aerne with screenshots of text messages between her and Frye after she took him to his family member’s house. In those messages, she asked him why he did what he did to which he responded he was “really sorry” and “I should have respected you as a person and your body. I'm sorry I feel so low.” Frye later denied the incident was rape as he claimed to have woken the victim up with sex in the past. The victim clarified to Aerne that the past instances were consensual while the Jan. 6 incident was not.

Frye was booked into Greene County Jail where bond was set at $15,000 surety with 10 percent cash allowed.

He is being charged with rape when the victim is unaware of the defendant’s actions, a Level 3 Felony.