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Its up to the judicial system to decide the charges. Charges allege that Buerstatte engaged in sexual penetration with the victim, using force or coercion. The charges say the victim reported a rape to Rogers Police. She said she had been at a wedding, and after the wedding, numerous guests had gone to the Hampton Inn to continue to celebrate and were talking and drinking alcohol. The victim said she had gone with another wedding guest, Buerstatte, to his hotel room so he could get something. The victim said that when they reached the defendants room, he shut the door and locked it, and the victim told him that she wanted to go and asked to be let out. At that time, the defendant pulled the victims dress off of her and pushed her onto the bed, the charges read. The defendant held the victims arms down and got on top of her, and had sexual intercourse with victim. When defendant stopped and reached for something, Victim grabbed her clothing and ran out of the room. In a post-Miranda statement, Buerstatte admitted he had sexual intercourse with victim but claimed it was consensual. The victim participated in a Sexual Assault Resources Service exam. They took a lot of evidence, Beahen said.

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