Man gets 5 years for sexual assault on drunk Whatcom County woman

THE BELLINGHAM HERALDOctober 4, 2013 

A Kendall man must spend five years in prison for a sexual assault on a woman who was too drunk to consent to sex.

Shane Cole Micona, 23, went to a Halloween party north of Bellingham in 2012. The victim, a woman in her 20s, later told deputies she doesn't normally drink alcohol, but on the night of the party she drank too much and got sick. A friend helped her to a bedroom so she could sleep it off.

She woke up around 4 a.m. to find Micona pulling on her legs. He forced himself on her while she repeatedly said "no," according to court records. He stopped when he saw headlights in the driveway, because he thought the woman's husband might be returning to the house.

Afterward Micona texted the victim to say nobody would find out.

"I'm clean no worries," he added.

She reported the crime and several other texts to the Whatcom County Sheriff's Office.

Micona told a deputy he thought the woman kissed him back when he went into the bedroom. He insisted it had been consensual. On the way to jail, however, he was asked if he knew why he was being arrested.

"I understand when a girl is drunk she can't consent to say yes to sex," he answered, according to court documents.

Last month an evaluator with the Department of Corrections noted Micona doesn't seem to grasp the seriousness of the offense.

"Micona appeared unwilling to acknowledge the victim in this case was victimized and indicated that ... he didn't believe a crime was committed when he used his fingers to demonstrate quotation marks when he said 'victim,'" according to DOC paperwork.

He pleaded guilty to second-degree burglary with intent to commit rape and residential burglary with sexual motivation.

Micona's only criminal history was a misdemeanor driving conviction. He chose not to speak at his sentencing hearing Thursday, Oct. 3. Whatcom County Superior Court Judge Deborra Garrett ordered Micona to serve 60 months behind bars. After he's released he will have to register as a sex offender.

Reach Caleb Hutton at 360-715-2276 or caleb.hutton@bellinghamherald.com. Read his Dispatcher Blog at bellinghamherald.com/dispatcher-blog or follow him on Twitter at @bhamcrime.

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