Watertown man convicted on rape charges

Published: Mar. 19, 2021 at 9:26 AM CDT
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WATERTOWN, S.D. (Dakota News Now) - A Codington County jury convicted a Watertown man on rape charges after prosecutors say he repeatedly sexually assaulted a woman who was incapable of giving consent.

Forty-four-year-old Lee Malcon was convicted Thursday on nine alternative counts of third-degree rape after a four-day jury trial, KXLG News reports.

The charges stem from an incident that occurred at a Watertown home on October 28, 2019. Court documents state authorities responded to a report of an unresponsive woman. Police found a 41-year-old woman at the home. Despite attempts to resuscitate the victim, she was later pronounced dead as a result of “combined medication toxicity.”

During the investigation by the Watertown Police Department, authorities found several videos showing Malcom and the unresponsive female engaged in sexual activity.

Malcolm remains in custody at the Codington County Jail awaiting a sentencing hearing.

Third-degree rape charges are filed in cases where the victim is incapable of giving consent because of any intoxication, narcotics, anesthetic agents or hypnosis. Each count is punishable by up to 25 years in prison.

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