Wisconsin man accused of assaulting McHenry woman as she slept, filming it

Prosecutors said Thursday a Wisconsin man sexually assaulted a woman in her McHenry home while she was unconscious and he filmed it.

Joshua Bailey, 28, of the 8700 block of Sheridan Road in Kenosha, is charged with aggravated criminal sexual assault, a Class X felony, as well as criminal sexual assault without consent and unlawfully filming inside someone’s residence, McHenry County Judge Cynthia Lamb said Thursday during Bailey’s initial court appearance. The allegations date from 2022, the criminal complaint in the McHenry County court said.

He faces similar charges, involving the same person, in Kenosha County, Wisconsin, according to McHenry County Assistant State’s Attorney Julio Cantre. In Wisconsin, he is charged with capturing an intimate representation, a Class 1 felony, according to the Wisconsin courts' online database. This incident is alleged to have occurred in October.

Cantre said Bailey is a threat to the woman and any woman he should encounter, arguing he should remain in jail pretrial, which Lamb granted. Cantre also said Bailey currently is on probation on a Lake County case for aggravated street racing.

While Cantre read details of the new allegations against Bailey, the defendant had his head down and was crying. A deputy gave him a box of tissue.

Cantre said an investigator watched the video of the alleged assault and “it was clear to [the investigator] she was unconscious.” When the woman discovered the video, Bailey tried to delete it, the prosecutor said, adding this showed Bailey knew he did something wrong.

“If it was consensual, he wouldn’t have tried to delete the video,” Cantre said.

Assistant Public Defender Gene Wilson argued for Bailey’s release on GPS monitoring and said the state failed to prove “beyond a reasonable doubt” that he is a threat. Wilson noted the allegations against Bailey go back three years and the Wisconsin case goes back months. Wilson also said Bailey’s mother was willing to ensure he followed all conditions of release and that there might have evidence that could take the case in a different direction.

If convicted on the most serious Class X felony, Bailey could be sentenced to prison seven to 30 years. He is due in court Feb. 20.