A Bear Lake man who raped an unconscious woman has had a request for a reduction in sentence denied.

President Judge Maureen Skerda rejected the request brought by Emrys Atwood, 39, during argument court Friday morning.

According to the affidavit of probable cause, Atwood took the victim to a City of Warren residence, where she and the resident were drinking. She told police she “passed out” on a ride from the Warren residence to Sugar Grove.

When she awoke, most of her clothing had been removed and Atwood was having intercourse with her, she told police.

“The victim stated she told the defendant several times to stop and was attempting to push him off of her to stop the sexual assault,” according to the affidavit.

After the alleged assault, Atwood got dressed, returned to the driver seat, and continued to drive the victim home, according to the affidavit.

Skerda sentenced him to 96 to 192 months with credit for time served back in August.

Atwood’s counsel, Public Defender Francis Waweru, said his client believes that the court did not give enough consideration to the last 15 or so years that show no criminal violations. He said his client wants a shorter sentence as a result.

District Attorney Rob Greene’s argument was simple.

“When you rape an unconscious woman, you spend a long time” in jail, he said.

Skerda said she considered all factors, including his 2005 burglary and 2003 simple assault convictions, but add they were not the basis for the sentence she handed down, which she said was in the standard range of the sentence guidelines.

She said she considered the facts and circumstances of the case and the trauma he caused.

As a result, she denied the motion.