A 40-year-old Oak Harbor man is facing the prospect of a lengthy prison sentence for allegedly having sex with a 13-year-old girl, court documents indicate.

Prosecutors charged Jason Brown in Island County Superior Court Feb. 9 with rape of a child in the second degree. Under the definition of the charge, Brown is accused of having sexual intercourse with another person who was at least 12 but less than 14 years old when he was at least three years older.

The owner of a NE Fourth Avenue home called the police at 3 a.m. on Feb. 4 to report a rape. The woman said she caught Brown in her bedroom with the teenaged girl; they were both in their underwear and putting their clothes on, according to the report by Detective Jim Hoagland with the Oak Harbor Police Department.

In an interview with a detective, the girl said she and Brown had been hanging out and drinking, even though she told him she was just 13 years old. She said he started kissing and groping her in the kitchen, then took her to a bedroom and had sex with her, according to Hoagland’s report.

The woman who owns the home interrupted the assault, kicked Brown out of the house and called the police, the report indicates.

In an interview with detectives, Brown admitted groping the girl, but denied having sex with her and claimed she said she was 18 years old.

Court documents state that Brown had moved to Oak Harbor from Wisconsin five weeks before the alleged assault. His criminal history includes two robberies, a theft and “battery by prisoners,” according to the police report.

If convicted of the charge, Brown would face an indeterminate sentence of up to life in prison with a minimum sentence of 78 to 102 months. He would serve the minimum sentence, then it would be up to a prison board to decide if and when he should be released.