Woman pleads not guilty to criminal sexual conduct

Published 11:01 am Sunday, April 3, 2016

An Austin woman is facing charges of criminal sexual conduct, in addition to other charges.

Magen Atkins, 25, of Austin pleaded not guilty Thursday in Mower County court to felony third-degree criminal sexual conduct using force or coercion.

On Feb. 1, Austin Police Officers received a report from a 17-year-old female who said she was sexually assaulted by Atkins over the weekend.

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According to the court complaint, the victim explained she went to an apartment with a 15-year-old female friend, where she first met Atkins. Atkins and a man named “Swag” were at the apartment and invited the two girls to drink with them. The victim told them she was not old enough and they told her to leave the apartment if she would not drink alcohol. The victim said she didn���t want to leave the apartment and walk across town, so she started drinking.

Later that night, she was laying on the bed with her friend, Atkins and the man. She heard the man tell Atkins to engage in sexual acts with her. The victim told Atkins, “No,” but Atkins and the man allegedly forced her to commit a sexual act with Atkins. The victim took a cold shower and then left the apartment.

Atkins later told officers the victim said she was “over 20 years old,” so she let the victim drink vodka. She confirmed they were all laying on the bed because that was the only furniture she had in the apartment. Atkins denied the man told her to engage in sexual acts with the victim and denied anything happened and said the victim was lying about the incident.

The friend of the victim met with officers and her account closely matched the victim’s and she believed Atkins was trying to impress the man.

Atkin’s next appearance is not scheduled for this case, but she faces charges in other cases:

• Gross misdemeanor charges of theft indifferent to owner rights. On Dec. 23, 2015, police received a report of someone trying to pawn DVDs Atkins had checked out from the Austin Public Library. Atkins said it was her boyfriend who took the DVDs from her apartment and tried to pawn them at Downtown Pawn. The library later informed officers Atkins has $682.74 worth of materials and she owes money to them but they would rather have the items back. Atkins allegedly told her boyfriend to take the items back to the library and had no idea he would try to pawn them. She did return seven CDs, two bride’s magazines and one graphic novel, decreasing the total to $556.99.

• Convicted of misdemeanor disorderly conduct on July 15, 2015.

• Felony charges of terroristic threats with reckless disregard and misdemeanor fifth-degree assault to inflict or to attempt bodily harm.

• Misdemeanor domestic assault with intentions to harm another. Atkins pleaded not guilty on Feb. 8.