A Madison lawyer who allegedly picked up an intoxicated woman on State Street and took her to his office for sex was ordered Thursday to stand trial on six counts of second-degree sexual assault and one count of supplying her with the drug Ecstasy.
Jonathan G. Evenson, 37, allegedly took the woman to his office on West Washington Avenue where he told the woman later they had sex several times, then to his home on Madison’s Far West Side, where he said they had sex again.
The woman told police she has little memory of being at his office, and woke up to find herself in Evenson’s home the next morning, according to a criminal complaint. She told police Evenson asked her if she was on birth control, and that’s how she found out they had sex, the complaint states.
Evenson’s lawyer, Chris Van Wagner, filed a motion to throw out the criminal complaint, saying it did not show Evenson was aware that the woman was too drunk to be capable of giving consent for sex, or that Evenson took advantage of her intoxication to sexually assault her.
Van Wagner argued that the fact that the woman had no memory of what happened does not mean that at the time she was incapable of giving consent for sex.
But Dane County Circuit Judge Maryann Sumi said the complaint supports a “reasonable inference” that Evenson had committed a crime. She said at this stage in the proceedings, the complaint should be interpreted by a “common sense reading,” not by a “hyper-
After a preliminary hearing that followed, Sumi ordered Evenson to stand trial. He will enter formal pleas to the charges at a later date.
Sumi also denied Van Wagner’s motion to reduce Evenson’s bail from $70,000 cash to a signature bond but referred him to the Dane County Bail Monitoring Program for an evaluation. She said the trial judge hearing Evenson’s case, for now Judge David Flanagan, should decide whether to change Evenson’s bail.