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Minot man charged with rape in Bismarck

A Minot man faces multiple charges, including counts of gross sexual imposition, aggravated assault and terrorizing stemming from an incident at a Bismarck hotel.

Austin Fercking, 40, Minot, made his initial appearance in South Central District Court in Bismarck on Nov. 4 on charges of gross sexual imposition-sexual act-force, a Class AA felony; aggravated assault-adult victim, interference with telephone during emergency call, and terrorizing, all Class C felonies; and two Class B misdemeanor counts for simple assault and criminal mischief.

According to court documents, a patrol officer with the Bismarck Police Department responded to a reported physical domestic incident in progress at a Bismarck hotel on Nov. 2. Dispatch call notes indicated a physical altercation could be heard over the phone, including a female calling for help. The officer met with the alleged victim, who said she had met Fercking on a dating app, and after a dinner and drinks they returned to the hotel and engaged in consensual sex.

The alleged victim said Fercking became forceful, leading to her stating that she was done with the encounter. According to the affidavit of probable cause, Fercking began striking the alleged victim in the face and choked her.

The alleged victim called 911, and Fercking began attacking her a second time and smashed her phone after he realized she was contacting authorities. The alleged victim was able to leave the room and meet with officers in the hotel hallway. Fercking was located in the room and detained.

Fercking’s bond was set as $100,000 cash, with requirements that he remain in North Dakota, have no contact with the victim, abstain from alcohol and enroll in a 24/7 sobriety program. The preliminary hearing in the case is scheduled for Monday, Dec. 30, and a two day trial has been scheduled to begin Wednesday, March 19, in Burleigh County.

Fercking faces a maximum sentence of life in prison without parole for the Class AA felony charge.

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