Chicago man accused of sexually assaulting woman who mistook him for Uber driver: authorities

WHEATON, Ill. - A Chicago man has been charged after sexually assaulting a woman while he was posing as her Uber driver, according to the DuPage County State's Attorney.

Jose Cornelio Evaristo, 42, has been charged with two counts of criminal sexual assault and two counts of DUI.

According to prosecutors, Elmhurst police saw a 2011 Nissan Rogue parked on the shoulder of Route 83 on April 23 around 12:48 a.m. Police say a man, later identified as Cornelio Evaristo, was in the front passenger seat facing toward the rear of the car. When the officer approached on foot, Cornelio Evaristo allegedly got out of the car with his pants unbuckled and unzipped. When Cornelio Evaristo closed the car door, the officer allegedly saw a woman in the front passenger seat with no clothing on from the waist down and who appeared to be asleep. 

An investigation revealed that the woman had taken a train to Chicago to attend a concert and had ordered an Uber to take her home. The victim got into Cornelio Evaristo's car believing he was the Uber she had ordered, police say. Cornelio Evaristo had allegedly stopped his car on Route 83 and sexually assaulted the victim. 

Cornelio Evaristo was arrested at the scene, and police say his BAC was .08 at the time of his arrest.

What they're saying:

"The allegations that Mr. Cornelio Evaristo sexually assaulted a woman who believed he was her Uber driver in the front seat of his car are extremely disturbing and will be met with the full force of the law," DuPage County State’s Attorney Robert Berlin said. "Sexual assault cases are extremely personal and invasive and can leave a survivor suffering from physical and psychological damage for years to come. Today’s charges send the message that in DuPage County we stand with survivors of sexually-motivated crimes and will prosecute anyone who allegedly commits such an horrendous act. I commend the victim in this case for having the courage to stand up to the man who allegedly sexually assaulted her and for her cooperation throughout the investigation."

"I commend our officers for their vigilance while on patrol and swift intervention," Elmhurst Chief of Police Michael McLean said. "Their commitment to protecting the most vulnerable in our community prevented further harm and ensured that someone in danger received immediate help. We are focused on supporting the victim’s recovery and connecting them with the care and resources they need."

What's next:

Cornelio Evaristo’s next court date is scheduled for May 18. He will be detained until then.