Police say a 22-year-old Akron woman was drunk when her friends called her an Uber last month.

When she woke up, they say her driver, 33-year-old Brandon Franklin of Tallmadge, was inside her home and assaulting her. The victim fought back.

“In this case, the driver took advantage of the situation,” said Captain Dan Zampelli of Akron Police.

Franklin turned himself in on Wednesday and will be arraigned on a sexual battery charge Thursday.

Zampelli said he does not know of any other allegations pending against the driver.

Though Franklin does not have a criminal past, he does have several traffic violations.

They include speeding, a suspended license, and failure to control his vehicle.  

Akron police say problems with Uber are rare, while others have concerns with how ride-sharing companies screen their drivers.

Although Uber does check an applicant’s license and records, the sex offender registry, and rejects anyone with a DUI, it looks back at only seven years of records.

It is also not required to use law enforcement agencies to screen drivers, like taxis do.

WKYC Channel 3 reached out to Uber and received the following statement from their spokesperson:

"What's been described is deeply upsetting and as soon as we became aware, we banned this driver from the app. We have provided information to the Akron Police Department and will continue to support them throughout their investigation."