Prosecutors on Monday charged a Joint Base Lewis-McChord soldier with second-degree rape, accusing him of taking explicit photographs and groping a woman after she passed out at the end of a night of heavy drinking.

Prosecutors said David Robert Vigil, 33, assaulted his victim at about 2 a.m. Sunday after he, she and her husband had returned to the couple’s home in Tacoma, where Vigil often stayed in a spare bedroom following nights of drinking. The rape charge was outlined in a document signed by Erica Eggertsen, a deputy prosecuting attorney for Pierce County, Wash.

Pierce County jail documents show Vigil additionally faces a felony count of voyeurism. Eggertsen wrote other charges could be added in her report.

A spokesman at Joint Base Lewis-McChord confirmed Vigil was a soldier stationed at the post near Tacoma, but additional information, including his rank and assigned unit, were not available Wednesday.

Vigil remained in jail Wednesday and is scheduled to face trail March 28, according to court documents.

The victim told police that she was awaken suddenly Sunday morning as Vigil groped her genitals, according to the charging document. The woman said her pants and underwear had been pulled down to her knees and Vigil had been taking photographs with his cell phone.

Vigil denied the assault occurred, according to the charging documents, claiming the victim hallucinated the incident after drinking and consuming prescription drugs.

The soldier admitted to drinking heavily throughout the evening, telling investigators that he had three to four glasses of wine, three to four glasses of whisky, a glass of rum and another mixed drink. He said the alleged victim fell asleep on the couch and he shook her to wake her up so she could go to her bedroom, but she began yelling at him and asking to look at his phone.

The victim’s husband told investigators that he rushed downstairs to the living room after hearing his wife scream “he assaulted me,” according to the charging document. The husband described Vigil as “looking terrified” and said he “kept saying he was sorry.”

The husband demanded to see Vigil’s phone and noticed the two most recent photographs were marked to be deleted. He told investigators that he could not determine what was photographed and returned the phone to Vigil before demanding he leave the house.

Prosecutors said the investigation was ongoing and would include an examination of Vigil’s phone.


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