On October 8, John Paul Dunleavy, 41, of Davis was convicted of raping an unconscious man by a YOLO County jury.
The jury heard evidence that on September 2, a 23-year-old woman had visited her boyfriend in “Jane Doe” Davis. Jane Doe, accompanied by her boyfriend and another woman, Davis went to a bar in town. After returning home the group continued to celebrate. Dunleavy, the roommate of Jane Doe’s boyfriend, joins the group.
Doe’s girlfriend was heavily intoxicated and slept on a futon in the bedroom where the group was gathering. Dunleavy began rubbing the woman’s bare thighs toward the line of her skirt. Doe, the only one who woke up, interrupted Dunleavy and tried to distract her.
Doe helped Dunleavy down the futon, which she jumped on again; Doe told Dunleavy that she would be sleeping with her friend in the future. Unaware that Dunlevy lived in one of the house’s four bedrooms, Doe tells Dunleavy that he can sleep in bed with her boyfriend. Dunlevy climbed onto another bed and turned off the lights.
During the early hours of the morning of September 3, Doe wakes Dunleavy to sexual assault. Doe confronts him. She started sobbing. Doe’s boyfriend wakes up and finds her crying at which point he tells her what had happened.
Dunleavy, a convicted felon, gave law enforcement several excuses, including that he thought Doe was the other woman, that it was consensual and that they had never had sex. Despite his claims, Dunleavy’s DNA was found in Doe’s cervix. During the trial, Dunleavy testified and told the jury a completely new version of events.
“The manner in which the sexual assault was carried out in this case was the ultimate act of cowardice.” District Attorney Jeff Reisig said. “The victim showed incredible strength, resilience and patience in this case. She knew the faces of victims of sexual assault, but just wanted her voice to be heard. Today it is not only heard, but also believed.”
Dunleavy is to be sentenced on November 8 before the Honorable David Rosenberg in Department 14 of Yolo County Superior Court. Dunleavy’s sentence could range from probation and possible jail time to up to eight years in state prison.