56 year-old William Small allegedly raped an unconscious woman on the Missoula County Courthouse lawn on Sunday evening, in full view of several witnesses who tried to stop him.

Deputy Missoula County Attorney Ryan Mickelson asked Judge Marie Andersen for Small to be held on $100,000 bail due to the nature of the crime.

“The defendant was attempting to have sexual intercourse with an unconscious victim out in the open on the lawn of the Missoula County Courthouse where bystanders saw him,” said Mickelson. “They attempted to intervene and get him to stop but he refused. They were eventually able to get a hold of law enforcement who also witnessed him committing the crime of attempting to have sex with the unconscious victim. I think he poses a significant threat to the community, and if he does post the $100,000 bail, that he be ordered to Level III active supervision.”

Mickelson told Judge Andersen that the defendant was highly intoxicated at the time of the incident.

Attempted Sexual Intercourse without Consent is a felony and can result in a minimum sentence of from two to four years, or from 100 years to life in prison and a $50,000 fine.

Judge Andersen set bail for Small, who is homeless, at $50,000 and ordered him to reappear in her court on June 13.