Man charged in rape of Ball State student in dorm room

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Gabriel Van Nicholaus Austin

MUNCIE, Ind. — A man has been charged in the sexual assault of a Ball State student that police say happened in 2019 at a university dorm room.

Gabriel Van Nicholaus Austin was formally charged with rape on Tuesday.

Court documents filed in Delaware County reveal the victim filed a police report in July of 2020 in regards to the 2019 incident.

According to investigators, a woman said she was sexually assaulted by a man named “Gabe” in her dorm room on October 4, 2019.

The woman said she met the man on social media and agreed to go to an off-campus party with him.

The two later returned to her dorm room, and she agreed to let the suspect stay the night. She then told investigators Austin laid on top of her while she repeatedly told him “no.” She said Austin then proceeded to have sexual intercourse with her as she continued to tell him she did not want to have sex.

Austin left the dorm room after the assault, and the woman said she took a shower because she felt “dirty.” Afterwards, she called her mother and asked her to take her home to Indianapolis.

Court documents say the woman had a rape kit completed at an Indianapolis hospital and was told she had been “exposed to the HIV virus” although she did not have it.

The woman told investigators the attack left her so upset she is unable to concentrate on school work and that she may lose her scholarship.

Austin is currently facing charges in several other incidents, including a criminal recklessness charge for allegedly firing a handgun at an apartment balcony in April.

He is also charged in an armed robbery from January of 2019, where police say he robbed a woman and took her iPhone. That case is set to go trial in December.

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