20-year-old Grant Kempker was charged with first degree sodomy on Monday.
Kempker allegedly sodomized a female victim while she was sleeping and woke up during the incident.
Witnesses said the victim started screaming when she found Kempker in bed with her.
Richardson said Kempker had deviate sexual intercourse with the victim who was incapacitated.
"Incapacitated could mean the person was asleep or drugged and this case it was not drugged," said Richardson.
He also said Kempker could face anywhere from five years to life in prison if he is convicted.
Court documents show Kempker sodomized a female victim at a party.
Kempker lives on Ventura Avenue, but the incident happened at a party in the early hours of last Saturday night in the county.
It states when the female victim woke up she found Kempker sodomizing her.
She said it also appeared he was video taping or taking pictures during the incident.
When Cole County Deputies arrived they asked to see his phone and he said he did not have it on him.
Kempker posted a $50,000 cash only bond on July 29th.
He is set to appear in court for the first time August 26th at 9:00 a.m. in Cole County.