Chester man charged with criminal sexual assault

A 41-year-old Chester resident, Timothy D. Rushing, has been formally charged with one count of criminal sexual assault in alleged connection to an incident on Sept. 18.

Criminal sexual assault is a Class 1 felony with a punishment range of four to 15 years in prison. The offense is not eligible for probation or day-for-day credit, although Rushing would not receive no more than 4.5 days of sentence credit for each month of sentence if convicted.

According to the charging document, Rushing is accused of committing an act of sexual penetration by placing his penis into the vagina "by the use of force or threat of force and without the consent" of a woman identified only by the initials "J.S.W." in court documents.

"We've alleged that he had sexual relations with a female with the threat of force and without consent, which comprises criminal sexual assault," said Randolph County State's Attorney Jeremy Walker.

Walker told the Herald Tribune the crime is alleged to have taken place during the day within Chester city limits. It was immediately reported to police after it occurred.

"We don't believe there was any prior relationship between Mr. Rushing and the victim prior to the alleged conduct," Walker said.

Rushing has been in trouble before. He was sentenced to 36 months (three years) in prison in November 2013 after pleading guilty to aggravated unlawful restraint, a Class 3 felony.

A separate charge of aggravated domestic battery was dismissed by the State to facilitate the plea.

"That case centered around a woman who said she was being beaten by Mr. Rushing and was being prevented from leaving the residence," Walker said.

Walker stated that the woman was later able to leave the residence on her own and reported Rushing to police.

In 2012, Rushing was sentenced to 12 months of court supervision and assessed a $238 fine for battery on a charge that was reduced from domestic battery.

Rushing also pleaded guilty to battery in 2007 and 2000. A separate battery charge was dismissed by the State in 2002.

In the new case, Rushing was appointed public defender James Kelley as his attorney and was given a bond of $150,000 on the charge. He remains in Randolph County Jail awaiting his preliminary hearing, which is scheduled for Monday at 10 a.m. with Judge Richard A. Brown presiding.