A Bowling Green man is accused of a sex act with a woman who is incapable of giving consent due to having a disability in which she is unable to walk, talk or care for herself.

Bowling Green police arrested Robert Allen Bagwell Jr., 23, 1333 Scottsville Road, on Jan. 3 after he admitted to performing a sex act on the woman, who police described as “physically helpless” on Bagwell’s arrest citation, according to Warren Circuit Court Clerk records. Bagwell is charged with first-degree sexual abuse. 

A preliminary hearing in the case is scheduled for Wednesday in Warren District Court. A judge is expected to decide if there is probable cause to send the case against Bagwell to a Warren County grand jury. Bagwell could waive his right to a preliminary hearing. If that occurs, the case will be sent to a grand jury without a hearing at the district court level. 

“Any time we have an offense against an individual who does not have the ability to protect themselves in any way, it is especially troubling,” Warren County Commonwealth’s Attorney Chris Cohron said, speaking in general terms about these types of crimes but not specifically about this case. “You’re hopeful that the people charged with protecting helpless individuals will be as diligent as possible to protect that person.”

One of Bagwell’s relatives called police Jan. 3 and reported the allegations. Another person saw a shirtless Bagwell with the woman, whose pants and diaper had been pulled down, according to police records. That man told police that he didn’t see Bagwell engaged in any sex acts with the woman but that Bagwell was standing over her.

“The victim, an adult, was determined to be incapable of consent … to the point that she is physically helpless,” according to Bagwell’s arrest citation.

One of the woman’s parents agreed for her to have a sexual assault examination at a local emergency room, according to police records.

Bagwell went with police Jan. 3 for an interview at police headquarters. After an “extensive interview,” Bagwell told police he deliberately committed a sex act on the woman and after becoming aroused, performed another sex act on himself, according to police records.

Police arrested Bagwell and seized the shorts and boxers he was wearing, records show.

Court records show that Bagwell is married and the father of two young children.

Bagwell is being held in the Warren County Regional Jail in lieu of a $6,000 cash bond. If Bagwell is convicted as charged, he could be sentenced to five years in prison.

— Follow Assistant City Editor Deborah Highland on Twitter @BGDNCrimebeat or visit bgdailynews.com.