The sexual assault in Cal Anderson last Monday night reported by a witness to the attack has resulted in criminal charges for the convicted rapist arrested by police in the incident.

Prosecutors have charged 28-year-old Marcus Jim with one count of indecent liberties. Jim has also been charged with failing to register as a sex offender. In court documents, prosecutors include a long list of past convictions including a third degree rape conviction in Yakima in 2006 and multiple counts of vehicle prowls and theft.

According to a witness who reported the incident to patrol officers in the park, Jim was seen fondling and sexually assaulting the unconscious female victim in the park around 9 PM on Monday, July 15. The witness told police the victim was passed out in the park when the suspect began fondling her and then appeared to rape the woman on the grass near the restrooms. When other people camped out in the park started yelling at the suspect, the witness said Jim stood up and fled the area.

Police said the 26-year-old victim is a transient woman who camps in Cal Anderson Park. The victim told police she had no memory of the incident and said the sexual acts were not consensual.

When asked about the incident by a detective, Jim said he sometimes blacks out when he drinks and that he had blacked out after lying down next to the woman.

In the documents, prosecutors call Jim a “continuing threat to the safety of the community.” He remains jailed and will enter his plea to the charges August 1st.