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F'ville man charged with rape, aggravated sodomy

A Fayetteville man has been charged with rape and aggravated sodomy in a Jan. 20 incident involving a 19-year-old Riverdale woman.

Herminio Gutierrez, 21, of Booker Avenue, was charged with rape, aggravated sodomy, making terroristic threats and acts and misdemeanor battery, according to Fayetteville Det. Mike Whitlow.

Whitlow said the incident occurred in the early morning hours of Jan. 20 after Gutierrez and the woman returned from a date in Atlanta and went to his residence.

“He became sexually aggressive and she rebuffed him,” Whitlow said.

Gutierrez continued, grabbing her by the throat, removing both their clothes and having forced intercourse with the victim, said Whitlow.

Whitlow said a roommate of Gutierrez entered the residence while the rape was occurring. Though the roommate did not witness the act, his presence essentially led to interrupting the crime. Gutierrez and the woman got dressed and he drove her to her home, Whitlow said.

Gutierrez later sent the victim a text threatening to kill her if she left him, Whitlow said, adding that the two were not boyfriend/girlfriend.

A friend of the victim later suggested that she get checked at the hospital. A trip to Piedmont Fayette Hospital revealed bruises on the victim’s neck and arms and a bite mark on her back, Whitlow said.

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