Times-Call (Longmont)

Man pleads guilty to unlawful sexual contact

- BY MITCHELL BYARS STAFF WRITER

A man accused of sexually assaulting a woman while she was sleeping in 2015 has taken a plea deal in his case.

Andrew Blake Duttontopp­er, 32, pleaded guilty to one count of unlawful sexual contact, a Class 1 misdemeano­r, according to Boulder District Attorney’s Of fice spokeswoma­n Shannon Carbone.

Carbone said the deal contains an agreement that

Dutton-topper will be sentenced to probation while the cour t also will have discretion to impose a punitive sanction that could include up to two years of work release or 90 days of straight jail time.

In exchange, prosecutor­s dropped the original charge of sexual assault.

The District Attorney’s Of fice declined fur ther comment. Dutton-topper’s attorney, Nelissa Milfeld, also declined to comment on the case Monday.

Dutton-topper is set for sentencing on Jan. 11.

According to an affidavit, Dutton-topper and the named victim were coworkers, and both went to the woman’s apar tment in Longmont after their shift ended late on March 31, 2015.

The woman told police that Dutton-topper came onto her, but she told him that she didn’t want to have sex. Eventually she fell asleep and, sometime in the morning, she said Dutton-topper sexually assaulted her before she was fully awake.

She told him no again and left the room.

The woman called police the next day and went for a sexual assault examinatio­n that found injuries to her genital area.

She initially declined to press charges, but contacted police in December 2017 to file charges. The woman told police that prior to her decision to pursue charges, Dutton-topper had contacted her on Facebook to reassure his wife that nothing happened that night. Duttontopp­er’s wife also messaged her, she said.

Dutton-topper told police he did not have sex with the woman and that she must have been dreaming, according to the af fidavit. A sexual assault examinatio­n did not find any male DNA on the woman’s genital area.

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