Former A&M Cadet on Trial for Rape

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The trial of a former Texas A&M cadet accused of raping a fellow student in November 2004 got underway Tuesday.

According to police reports, the woman said Elton Yarbrough, 23, attacked her while she was passed out from drinking.
Yarbrough has pleaded not guilty, maintaining the incident was consensual.

During opening statements, the state said Yarbrough took advantage of the woman, while the defense said both Yarbrough and the woman made bad choices.

"This case is about that defendant taking advantage of a young girl who is passed out drunk," Prosecutor Danny Smith said.

"These attitudes about relations and these attitudes about drinking alcohol in excess led to poor judgement in both sides of this case," Stephen Gustitis, Yarbrough's defense attorney argued.

It's through Facebook the alleged victim, who's name is not being released because of confidentiality rules, met Yarbrough.
They chatted over the Internet, and during the woman's testimony, she said he seemed like a nice and genuine guy.

According to the woman's testimony, Yarbrough went out with her and and a group of friends. The woman said after getting home, Yarbrough carried her to bed because she had passed out from drinking. The woman then remembers waking up with Yarbrough on top of her in her bed. That's when she screamed and called 911 telling police she had been raped.

Yarbrough has maintained his innocence.

This isn't the first time Yarbrough has been accused of rape. He was awaiting trial on this sexual assault charge when he was arrested in June in another incident.