The Victim, MMS, contacted the police about this assault. She reported that in 2019, while she was 16 years old, Joseph Eric Zierman ([DOB redacted]), Defendant hereinafter, digitally penetrated her vagina, using both hands. This took place after a night of partying with alcohol at Victim's residence in Sherburne County. In speaking to police, it was learned from Victim that Defendant was connected to her father through the motor cross community. Victim's father and mother had divorced prior to this incident, and her father was no longer living at this residence.
Defendant showed interest following this divorce in Victim's mother, and this is how he ended up at the home. Defendant slept overnight and assaulted Victim in the morning. In addition to penetrating Victim's vagina, Defendant also tried to digitally penetrate her butt as well as attempting to put his penis inside of her vagina. Victim woke up to find Defendant doing this as Defendant was standing behind her as she was lying in bed. Victim's comforter was off, she was face down and her lower legs were pulled off the bed.
She realized that her sweatpants and underwear were down around her ankles. She experienced pain due to Defendant's actions. Defendant continued to assault Victim for some time. During this time she considered screaming but due to her shock just couldn't. Eventually Defendant masturbated to the point of ejaculation which he did on Victim. Before leaving, Defendant asked Victim if she wanted to go to breakfast, which he did with Victim's mother. Victim reported to police that she told her friend, EBN, right away, but did not tell her mother for a couple of years.
EBN had been present during the party. When speaking to Victim's father, he reported knowing something had happened to Victim a few days after it happened due to Victim's mother telling him. The mother did not really share what had occurred, however. Victim's father did not think Defendant would do such an assault if he had not been drinking alcohol, but that he was in fact a heavy drinker. Apparently even drinking a significant amount at the party. When speaking with Defendant, he acknowledged being at a party held at the residence of Victim.
He remembered being there due to a sexual interest in Victim's mother. He remembered a number of others were present and that everyone was drinking alcohol. Defendant thought the party was on a night in October. He denied sexually touching Victim. A friend of Victim was spoken to due to having been present during the party. She recalled Joe, that being Defendant, was present. She also recalled Victim telling her about Joe sexually assaulting her the morning after the party. An acquaintance of Defendant spoke with the police and reported recently having a conversation with Defendant wherein Defendant was intoxicated and spoke about a woman he knew who had invited him over to her house.
