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EAU CLAIRE, Wis. — An Onalaska man who owns Mexican restaurants in Onalaska and Eau Claire is accused of sexually assaulting a female employee at his Eau Claire establishment after closing hours.

The 20-year-old employee told police the owner had given her a margarita before the assault and she started to feel “really drunk, really fast.”

Filiberto “Manny” Rivera, 53, was charged Monday in Eau Claire County Court with a felony count of third-degree sexual assault.

A $5,000 signature bond was set for Rivera, who returns to court July 1.

As conditions of bond, Rivera cannot drink alcohol, enter taverns or have contact with the woman.

According to the criminal complaint:

The woman told Eau Claire police the sexual assault occurred about 10 p.m. May 4 at Manny’s Cocina, 4207 Oakwood Hills Parkway. Rivera also owns the location in Onalaska by the same name.

The woman said she was scheduled to close that night and was alone with Rivera when two other employees left after having post-shift drinks.

The woman said Rivera had been offering her alcohol and propositioning her for post-shift drinks for a few weeks. She said Rivera never talked to her when she worked at Manny’s last year and thought it odd he started talking to her more often now.

The woman said she doesn’t drink often because of her age and agreed to stay and have one drink with Rivera that night to “get it over with.”

The woman didn’t see Rivera make the margarita but drank it quickly because she wanted to leave right away.

Rivera started to ask her a lot of sex-related questions, which made her feel uncomfortable.

After drinking the margarita, the woman could feel her vision get blurry. She could feel herself talking louder and slurring her speech.

At one point, Rivera pushed the woman up onto the bar, poured alcohol into her belly button and drank it. He did this three or four times.

The woman said she was “frozen in the moment and let it happen.” She said she was scared and did not give Rivera consent to drink alcohol off of her body.

Rivera then partially disrobed the woman and twice engaged in various forms of sexual contact.

The woman said she told Rivera to stop and pushed his hands away several times, but he wouldn’t listen.

Rivera encouraged the woman to have sex with him, but she kept telling him no and pushed him off her.

Rivera finally stopped and the woman got up and put her clothes back on.

Before she left the restaurant, Rivera told the woman she has a nice body and continued to proposition her for sex.

The woman said she felt intoxicated and sick as she drove home. She said she threw up all night.

In an interview with police, Rivera admitting serving the woman a margarita on May 4 but denied having sexual contact with her or drinking alcohol off her body.

Rivera admitted he asked the woman if she ever had sex with an older man.

If convicted, Rivera could be sentenced to up to five years in prison.


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