A 31-year-old Brainerd man faces criminal charges for allegedly raping a woman in her mother’s basement in Brainerd.
Cody Allen Downing was charged Monday, Dec. 2, for felony third-degree criminal sexual conduct using force or coercion in Crow Wing County District Court in Brainerd. Downing was released later Monday from Crow Wing County Jail on the conditions he has no contact with the victim and makes all future court appearances. A domestic abuse no contact order also was issued. His next court appearance is scheduled Jan. 6, 2020.
According to the probable cause court document, a woman went to the Brainerd Police Department on Nov. 29 to report ongoing unwanted sexual relations with a man known to her, whom she identified as Downing. The woman stated in the past three months, Downing had forced her to have sex 20-30 times. She stated the night prior she specifically told him she did not want to have sex and he told her: "I'm going to rape you now," the complaint stated. The woman told Downing “no” multiple times during the assault. While in the emergency room waiting for an exam, the victim was texting Downing during an interview with an investigator. She asked him, "How many (expletive) times do I have to say no" and he replied he didn't know what she meant and he didn't think she was serious.
Brainerd police went to see Downing, who said he and the victim have been sexually intimate. Downing told investigators he says "I'm going to rape you" to friends and the victim, and it's just something he says, the complaint stated. Downing admitted the victim has repeatedly said no and he has engaged in sex with her probably seven to 10 times after she has said no, but since she didn't fight him off, he didn't think she was serious.