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No contact order issued in initial hearing for IU student accused of attempted rape

A shot of the door to the Monroe County Correctional Facility.

(WTIU/WFIU News)

An IU student has been charged with attempted rape, strangulation, criminal confinement, sexual battery, battery resulting in bodily injury, resisting law enforcement, and minor possession of alcohol.

The first three charges against Kalp Patel are felonies, the second two are class A misdemeanors, and the last is a class C misdemeanor.

Patel's initial hearing was Friday. He appeared before Judge Mary Ellen Diekhoff, who issued a no contact order that requires that he not make any contact with the woman he allegedly sexually assaulted. Diekhoff also recommended Patel to case management.

He's on pretrial release until his hearing March 22. This does not place any restrictions on Patel in terms of being allowed to attend classes or leave the house.

A statement from an IU spokesperson said Patel is "trespassed" at all of IU– meaning he can't be on any part of the campus. 

Patel was arrested Sunday after officers allegedly found him on top of a female student.

DocumentFragment_202108236-1 by Indiana Public Media News on Scribd

The woman, a resident assistant at Birch Hall, received a message on GroupMe expressing concern for a resident who was in a room screaming.

She told police that she knocked on the door where screaming had been reported. When no one answered, she used a master key to enter the room.

She walked in the room and said she saw Kalp Patel slumped on his desk. The woman told IU police that Patel jumped up suddenly, threw her to the ground, and started to strangle her.

According to the woman, Kalp tried to rip her clothes off and rape her. During the struggle, the woman called 911 and reported that Patel was sexually assaulting her. Officers arrived and forced Patel off her, according to the probable cause affidavit.

The victim told police she thought the struggle between her and Patel lasted several minutes. At one point, she said, Patel had been biting her fingers. Patel was taken to IU Health for treatment of a possible drug overdose.

Police said they advised Patel of his rights and that he agreed to waive them. The probable cause affidavit said a test of Patel did not indicate alcohol consumption.

In an interview, police say, Patel said he had been with a friend at the Campus View Apartments and that he had taken two Delta 8 gummy bears. Initially, he said he hadn’t taken any drugs or had any alcohol.

The affidavit said Patel reported going back to his apartment, and he said time slowed down and colors shifted. He started to throw items in his room and scream.

He told police everything seemed like a dream. Upon questioning, Patel said he recalled a female in his dream. He said that he fell on top of her and he was trying to “have fun” with the woman.

According to the affidavit, an investigator asked if “having fun” meant sex, and Patel said yes. He added she was trying to get away and he held her down.

Patel also said that he saw random shapes appear and that “two gangsters” entered his room and then disappeared.

Patel told the officer he did remember two police officers coming into his room and taking him away. 

DocumentFragment_202108626-1 by Indiana Public Media News on Scribd

This story has been updated.

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