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Miami man accused of raping woman passed out at GF party

A man from Miami, Fla., is accused of raping a woman who had passed out on a couch at a Grand Forks apartment.

David Sebastian Arce, 22, is charged with gross sexual imposition, a Class A felony.

A police affidavit says the victim had been out drinking with several people the night of Jan. 17 before she and a girlfriend went back to a friend's apartment on the 4600 block of South Washington Street.

The victim, who was "extremely intoxicated," passed out on a sofa in the living room, and her girlfriend made sure she was OK, then went into another room to hang out with friends, the affidavit states.

A little while later, the girlfriend went back into the living room "where she found David Arce on top of the victim having sexual intercourse with her," according to the affidavit.

The girlfriend told police her friend was still passed out at this point and that she and another person had to put her friend's underwear and pants back on her.

Authorities say the state Crime Lab confirmed that Arce's DNA matched samples collected from the victim on the morning of Jan. 18.

Arce's bail was set at $7,500 Friday. He remained in custody at the Grand Forks County jail as of Friday evening.

A message left for him at the jail was not immediately returned.