A Wheaton man was sentenced July 18 to 16 years in prison for sexually assaulting two women on separate occasions while the women were intoxicated and unable to give knowing consent, according to a DuPage County State’s Attorney’s Office news release.
Matthew Tumbarello, 21, of the 200 block of West Illinois Street, appeared at a sentencing hearing where Judge Margaret O’Connell handed down the sentence.
On July 29, 2020, Tumbarello appeared in bond court where bond was set at $20,000 with 10% to apply in accordance with a previously issued arrest warrant. Tumbarello posted the necessary $2,000, or 10%, and was released the same day. On March 22, 2022, Tumbarello entered a plea of guilty to two counts of criminal sexual assault – unable to consent, a Class 1 Felony, according to the release.
In early July 2020, one of Tumbarello’s alleged victims, who was in a dating relationship with the defendant, reported to Wheaton police that she was the victim of a sexual assault. An investigation into the matter found that not only had Tumbarello sexually assaulted the woman when she was unable to give knowing consent, he also had sexually assaulted another woman on a different occasion when she was unable to give knowing consent as well, according to the release.
“An individual’s inability to refuse having sex is not consent,” DuPage County State’s Attorney Robert Berlin said in the release. ”The fact that Mr. Tumbarello took advantage of two women who were unable to consent is reprehensible. I thank the two victims in this case for their courage to step forward and willingness to assist us in holding Matthew Tumbarello accountable for his despicable actions.”
Tumbarello will be required to serve 85% of his sentence before being eligible for parole.