Feb. 23—EAU CLAIRE — An Eau Claire man will be sentenced May 8 for sexually assaulting a woman at an Oakwood Mall bathroom after being blackmailed.
David J. Allen had threatened to make public nude photos the woman had previously sent to him, authorities said.
Allen, 32, 132 Hudson St., was found guilty of felony counts of second-degree sexual assault by use of force and threats to communicate derogatory information, and a misdemeanor count of disorderly conduct following a three-day jury trial this week in Eau Claire County Court.
Allen was found not guilty of a felony count of false imprisonment and a misdemeanor count of battery.
Judge Annette Barna ordered a pre-sentence investigation by the state Department of Corrections and revoked Allen’s $10,000 cash bail, which means he will be held in the Eau Claire County Jail until his sentencing.
Allen could be sentenced to up to 26 years in prison.
According to the criminal complaint:
Eau Claire police officers were sent to Oakwood Mall on Tuesday, Dec. 28, 2021, for a reported sexual assault that had occurred in a restroom.
A woman told officers she was a broke 18-year-old college student in March 2020 when a man added her on Facebook. The woman said she did not know the man, but that they had some mutual friends.
A few days later, the man messaged the woman, asking if she wanted money. The man said he would pay her $1,000 if she sent him three to five topless photos of herself.
The woman said she declined the offer, but later reconsidered because she “really needed the money.”
A few weeks later, the man thanked the woman for the photos and demanded more. She refused. The man then said he would release the photos to her family, friends, work and school if she did not send more.
The woman then sent the man more photos. And this scenario continued for the next 18 months. The man’s continued demands included how many photos to send, what poses she had to be in, and what parts of her body that had to be exposed.
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In December 2021, the man offered the woman $40,000 if he could see her naked in person. He said he would then delete all the photos he had of her.
The woman said she didn’t really want to meet the man. But she wanted the photos deleted and this had been going on for more than 18 months.
The woman said she and the man agreed to meet near the family bathrooms at Oakwood Mall.
The woman met the man near the food court on Dec. 28, 2021. The woman said she made the man promise to only look at her and not touch her.
The woman, who was holding pepper spray, let the man into the bathroom. She threatened to spray him if he touched her.
The woman removed her shirt and bra. The woman then removed her pants and underwear after the man demanded her to do so.
The man told her to put the pepper spray down because it was making him nervous. The man took off his coat, which revealed a black holstered handgun. The woman said she put the pepper spray down because she was afraid of the gun.
The man rapidly advanced toward the woman and pinned her body against the bathroom wall. He then sexually assaulted her. The woman said she complied out of fear.
The man fled out the bathroom door following the sexual assault.
Following an investigation, police determined Allen matched the photo provided by the woman.
Police then arrested Allen.
Allen made several unsolicited statements including, “Whatever was said makes me seem like a big scary thing,” “I don’t feel like I have done like anything horribly mean and abusive to somebody,” “I don’t feel like I have done anything scary,” and “It feels like something got blown way out and it needs to be addressed and sorted out.”