Utah man facing rape charges in eastern Idaho

LAVA HOT SPRINGS — A Centerville, Utah man faces up to life in prison for allegedly raping his friend in 2021.

William Dion Nay, 39, has been charged with raping a sleeping or unconscious victim, court records show.

The Bannock County Sheriff’s Office received a call on the morning of Oct. 31, 2021, according to an affidavit of probable cause. The caller said she had been raped the night before. She said she had been drinking and was in a black SUV parked near a restaurant in Lava Hot Springs, waiting to speak with deputies.

While en route, deputies were informed of a black SUV driving erratically.

Deputies had dispatch contact the woman, who confirmed it was her driving. The deputies requested she pull over somewhere and wait for their arrival.

When deputies arrived, they spoke with the woman, who said she was asleep and woke up to find that Nay was in the process of raping her.

The victim told deputies she had been out the night prior, drinking with Nay. She said Nay was flirting with her, but she was clear that “doing so was not OK,” the affidavit says.

She fell asleep in the room she was sharing with Nay. When she woke up to find him on top of her, she told deputies she shoved him off. She said Nay made her feel like what had happened was her fault before leaving.

Deputies collected the clothing she was wearing at the time of the incident. They attempted to collected the bedding from the hotel room, but were unable as it had already been taken by housekeeping when they arrived. Deputies requested the victim have an examination completed at the hospital, and she denied, saying she did not want to pursue charges.

When deputies told the victim that Nay could face a felony charge, the victim said that she did not wish to pursue charges because she and Nay had been friends for around 10 years. She agreed to complete a written statement but did not want to pursue charges.

Deputies spoke with Nay over the phone, the affidavit says.

He said he and the victim were out drinking until around 2:30 a.m. They spent much of the night kissing and flirting, he added. When they got back to the hotel room, he said, they laid in bed together and continued kissing.

Eventually, they began to have sex.

After he stopped and laid back down, he said, the victim told him he had just raped her. He told officers this angered him, so he called a friend to come pick him up.

Deputies once again spoke with the victim, who denied Nay’s statement. She said the two had not kissed at any point and that they had not been cuddling in bed, as he had said.

The victim called the Bannock County Sheriff’s Office several days later to inform them she had changed her mind and was interested in pursuing charges.

Charges were filed on Aril 11, court records show. According to the Bannock County Prosecutor’s Office, charges were not filed until lab results from the rape exam were returned.

Though Nay has been charged with this crime, it does not necessarily mean he committed it. Everyone is presumed innocent until they are proven guilty.

If he is found guilty, Nay could face up to life in prison.

He is scheduled to appear in court on May 24 before Magistrate Judge Aaron Thompson for a preliminary hearing.