A night out at a San Antonio hotel ended in a criminal charge after authorities say a 68-year-old man sexually assaulted a 52-year-old woman in his room while she was highly intoxicated. The woman told investigators she never consented, was drifting in and out of consciousness, and was ultimately pulled from the situation by hotel security after her friends sounded the alarm.
According to KENS 5, the woman met Neal Miller at the hotel bar on Monday and drank alcoholic beverages with him. An arrest affidavit states Miller agreed to walk her to a friend's room, but when the friend did not answer the door, he allegedly suggested that she go back to his room instead.
Affidavit Describes Intoxicated Victim, Alleged Coercion
Investigators say the woman reported that Miller knew she was highly intoxicated and that any sexual activity was not consensual. She also told police she was going in and out of consciousness during the alleged assault, according to the affidavit cited by KENS 5.
Friends called the woman during the incident, and that call prompted hotel security to respond, the affidavit states. Security personnel removed her from the room, while Miller allegedly told her to say she was okay to the responding staff.
Texas Law On Intoxication And Consent
Texas Penal Code Section 22.011 defines sexual assault to include sexual activity when a person knows the other person is intoxicated or otherwise impaired to the point that they are incapable of consenting, or knows the person is unconscious or physically unable to resist. The offense is generally a second-degree felony, according to the Texas Constitution and Statutes, although specific circumstances can affect the level of the charge.
Miller was arrested and charged with sexual assault, and the case remains under investigation, according to jail records. The Bexar County Central Magistrate Office states that it processes arrests involving Class B charges or higher and updates bond information after defendants are magistrated.
The allegations have not been proven in court. Miller is presumed innocent unless and until prosecutors prove the charge beyond a reasonable doubt.
