Tulsa man is arrested on one count of rape by instrumentation.
This happened after a woman passes out at a gathering and awakens to a man touching her in a sexual manor.
An arrest report states it happened at a home near Admiral and Peoria.
Another person pulled 42-year-old James Toney Jr. off the victim and forced him out of the residence. The arrest report states the suspect also tried to kiss the victim earlier in the evening while she was sleeping.
Tulsa detectives called Toney Jr. in for questioning on Thursday. The suspect tried to convince police he had consent, but later confirmed the charges.
An arrest report states Toney Jr. admitted he might have been too drunk to realize she was sleeping.