Lynn man behind bars for rape attempt

LYNN – A local man was held without bail pending a dangerousness hearing after allegedly attacking a female in the shower and attempting to rape her, according to a police report filed in Lynn District Court Wednesday.Jose Rodriguez, 39, of 133 Curwin Circle, was arraigned in Lynn District Court Wednesday morning on charges of domestic assault and battery – no restraining order in effect, attempt to commit a crime (attempted rape), indecent assault and battery on a person 14 years or older, and intimidating a witness. Judge Ellen Flatley accepted the district attorney’s request for a dangerousness hearing and ordered Rodriguez held without bail until said hearing, which is scheduled for Sept. 15, 2011.According to a report filed in court, police were dispatched to 133 Curwin Circle at 4:40 a.m. Wednesday on the report of an unwanted guest. While en route they received another call from the location.Upon the officers’ arrival, the report said that a soaking wet and barefoot 47-year-old female who was holding her throat came from the rear of the residence and – unable to speak – indicated that someone had tried to strangle her.When questioned, Rodriguez said that the woman was “in his apartment and that she was acting up and was drunk,” the report states. Rodriguez said that he dated the woman several years ago and that she had him arrested for domestic assault and battery, but the couple has a “casual on and off again relationship.” Officers noted in the report that Rodriguez was not wearing a shirt and they could see fresh scratch marks on his neck, chest and lower back areas.The woman, who the report noted was still having difficulty speaking, told officers that Rodriguez grabbed her private parts while she was in the shower. When she resisted, Rodriguez grabbed her by the throat and began to strangle her, the victim stated according to the report. The victim told police that the two struggled and that while he was forcing himself on her “he told her that he was going to kill her if she called the police and that he could do whatever he wanted to her, because he has a badge,” the report states.The report notes that Rodriguez has a badge for a job as a security guard. The victim told police she was able to break free and call 911 on her cell phone, but she declined medical treatment.