Man charged after woman says she was raped in her sleep

IDAHO FALLS — A 28-year-old man was arrested after a woman said she was raped by him over three years ago.

Ismael Martinez is charged with felony rape when the victim was asleep or unconscious and incapable of resisting.

According to court documents, the victim initially reported the sexual assault in December 2021 when she was 19 years old. Still, the case was recently reassigned to a different Idaho Falls Police officer in December 2024.

The victim said that on Dec. 2, 2021, she was with friends at a bar in Idaho Falls when a mutual friend, identified as Martinez, expressed interest in her. According to police reports, she “told (Martinez) she only wanted to be friends. ”

The friends eventually went to Martinez’s home, where the victim reportedly became “very intoxicated to the point of getting sick.”

When the new investigator re-interviewed some of the witnesses, one of the victim’s friends said they remembered Martinez telling herself and the victim to “(lie) down in his bed, and it was OK, that he didn’t want them driving home drunk.”

The victim and her friend lay down in Martinez’s bed and fell asleep.

According to the friend, throughout the night, “(Martinez) kept putting his hands on (the victim), and (the friend) would move his hand and tell him to stop and that it was not OK.”

The friend says the victim was still unresponsive during this.

Eventually, the friend asked Martinez to help her get the victim to her car so she could take her home. Martinez allegedly stated, “No, she is fine,” and all three fell asleep.

The friend said she later woke up and had to go to work, so she “tried to shake (the victim) awake but was unsuccessful.”

Shortly after the friend left, she received a call from the victim, saying she woke up to Martinez “trying to do something with her.”

While speaking to officers, the victim said she remembered lying in bed with the friend but did not remember that Martinez was there at the time.

She recalled “being in and out of consciousness” and said she eventually realized Martinez was raping her.

Martinez told police that he had sex with the victim but said he thought she wanted to, though later, he allegedly admitted that she “never verbally consented.”

He also told officers he thought she was coherent because it was morning and claimed the victim removed her clothing and asked him if “he had a condom,” according to court documents.

Police later found a conversation between Martinez and the victim on Snapchat, where the victim confronted Martinez about the alleged rape, stating, “I did not want you violating me,” and “I was passed out drunk.”

Martinez reportedly responded, “I’m sorry,” “I’ll make it up to you,” and “Can we keep this between us?”

A warrant was issued for Martinez’s arrest on Feb. 20, and he was booked into the Bonneville County Jail on a $30,000 bond.

He later posted bail and was released on Sunday.

Martinez is expected to appear in court for a preliminary hearing on March 28. If convicted, he could face up to life in prison.

Though Martinez has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.

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