EVANSVILLE, Ind. (WEHT) – Evansville Police have arrested an Uber driver accused of rape.

Marshall Savage Banks is facing a rape charge after he allegedly raped a woman on her way home from the bar in December 2018.

According to the affidavit, DNA taken from the victim in a rape kit at a hospital “at least one trillion times more likely” belonged to the victim and Banks than the victim and an unknown person.

In December, police began an investigation when the victim’s friends brought her to the hospital after the alleged incident.

The victim’s friends said she was too drunk, so they ordered an Uber to bring her home, but when they went to her apartment later she wasn’t there. Her friends say they saw Banks near her apartment, but he told them his name was Jeremy and gave them the victim’s items, then left.

According to the affidavit, the victim began crying when Banks left and told her friend Banks had raped her and covered her mouth while doing so.

The victim said the driver took her to the wrong building.

According to the affidavit, the victim said the suspect parked the vehicle and pulled her shirt up and kissed her, then climbed on top of her and raped her, while she told him no.

She told police she tried to go upstairs and get into her apartment, but realized it wasn’t hers. She said she saw the suspect talking to her friends and giving them her items.

According to police, when they went to speak to Banks about the alleged incident, he began crying and throwing up and dry heaving.

Banks told police the victim tried to do things to him and climbed into the front seat, talking vulgar to him. He also told police he didn’t touch her or do anything to her that would show up in a sexual assault kit.

Police asked Banks to submit his DNA and they say he agreed.

Banks is charged with rape. He’s being held on a $5,000 cash only bond.