The 42-year-old Hutchinson man arrested last Friday for the alleged raping of a 27-year-old Hutchinson woman has been formally charged.

Larry Frye Jr. is accused of raping the woman on New Years Day at a home here in Hutchinson.

The state actually charged him with two alternate counts of rape with two alternate theories of the crime. One states that the victim was unconscious or physically powerless to give any consent.

The second states that victim could not give consent because of the effect of alcohol which they allege Frye should have known or was reasonably apparent to him.

The case starts with the victim going to Hutchinson Regional Medical Center for treatment after the the incident and hospital officials contacted police. The victim didn’t know Frye according to statements made in court, with her room-mate bringing Frye to the home. It was early morning New Years Day when the alleged encounter occurred.

With the formal charges filed, his case will now be placed on a waiver-status docket on February 6, in front of Judge Joe McCarville.