Oregon state student charged in rape of fellow student

Melchior Avila, a 28 year old pre-mechanical engineering student at Oregon State University, is on trial for the alleged rape and strangulation of a fellow OSU student last December 29th. He was arrested New Year's Eve and charged with her rape and strangulation. The facts leading up to the alleged rape are not in dispute.

The woman testified that she had driven to Albany from her home in Springfield to spend time with her best friend on Dec. 28. After she drank five martinis at her female friend’s house, the two decided to drive to the Cantina, a bar in Corvallis, at around 10 p.m.

Avila was an acquaintance from school, where they had a gym class together two years ago, she said. He saw her at the Cantina around 11 p.m. and came to sit with the woman and her friend, where they both drank more alcohol.The two women decided to go to El Presidente in Corvallis around midnight and they took Avila along after he asked to come.

They stayed for a few more drinks and decided to leave just before 2 a.m., when Avila asked for a ride home.The woman’s friend drove them to Avila’s Southtown apartment complex. The woman said she knew she was drunk and was feeling sick by the time they arrived. She said she didn’t want to get sick in her friend’s car and Avila offered to let her sleep on his couch.The details at that point have two versions.

The two versions of the story differ after this point. Avila's attorney, stated that the principals were having consensual sex, and the woman told him to stop, which he did. The she started trashing his apartment.

The woman's story was that was sick, woke to go to the bathroom, then returned to sleep. Avila was on top of her when she woke up the second time. She fought him off, and he choked and held her down. She waited 2 days to come forward because “I was embarrassed and scared. I thought no one would believe me because I was so intoxicated.”