Victim, 14, testifies at Clyde boy's rape trial

FREMONT A 14-year-old girl testified Monday that innocent horseplay turned terrifying when a boy raped her at a Clyde home in
JACOB LAMMERS
May 24, 2010

FREMONT

A 14-year-old girl testified Monday that innocent horseplay turned terrifying when a boy raped her at a Clyde home in January.

The girl trembled and cried as she recalled how the 14-year-old boy -- one of four juvenile boys involved in the rape -- sat on her and touched her inappropriately even after she repeatedly told him to stop.

The accused rapist was on trial Monday in Sandusky County Juvenile Court for one felony count each of rape and kidnapping. The other boys face one felony count each of complicity to commit rape and kidnapping, Clyde police said. Two boys are awaiting trials, while a third boy is expected to be sentenced today.

The girl said she and the accused rapist's sister were wrestling and joking around with the boys when things took a turn for the worse.

While another boy held her arms down, the accused rapist "sat on my thighs, and they started messing around," the girl said. "I kind of felt like it was my fault. I felt like I should have tried harder."

The girl said she struggled against both boys as the accused rapist touched her inappropriately.

"I said 'No, you're going too far. This is really wrong,'" she said. "I kept saying 'No,' but he did it anyways."

The girl said she told the boys "no" at least three times and "get off me" at least five times.

The accused rapist, dressed in an orange jumpsuit, appeared distressed during the bench trial before Sandusky County Juvenile/Probate Judge Brad Culbert.

The girl said she tried to call her mother on her cell phone, but said one of the boys grabbed her phone and threw it across the room.

The accused rapist's sister later testified that she tried to pull her brother off the victim, but was held back by one of the other two boys.

"I did not think it was going badly," said the sister, adding she thought they were still wrestling.

Sandusky County assistantprosecutor Norman Solze said the sister was downplaying the rape to protect her brother.

"I was scared (her brother) was going to be put in juvie," said the sister, who shuddered visibly as tears streamed down her face. "I'm telling you what really happened."

Defense attorney Chris Marcinko said the victim's testimony was suspect since she testified she left the house for a school event and then returned a half hour later.

The rapist's father testified that when he got home the girl was still there, and everything appeared to be normal.

"You were raped, but you chose to stick around with the people who raped you?" Marcinko said.

The victim said she was scared to leave and felt she had no other place to go.

"I was treated like an animal -- one that gets abused," she said.

The boy who held her arms down testified that he and the accused rapist held her down for 30-45 minutes, even after she said "no" and "get off me" repeatedly.

"She was saying it in a flirty way. I couldn't tell what she meant," the second boy said, though he had earlier said, "I could tell that she was uncomfortable."

During a taped interrogation by Clyde police Det. Sgt. Mark Roach, the accused rapist denied touching the girl inappropriately.

"We didn't think we were doing anything wrong. We all laughed," the boy said on the tape. "She told us not to tell anybody at school."

The boy later admitted the girl had said "no" several times, but repeatedly denied penetrating her.

"Why would I lie about one thing?" he said. "I didn't do that."

Marcinko asked Roach if the boy could be charged with rape if there was no penetration.

"You have to have some sort of penetration for there to be rape," Roach said.

Roach testified that he did not give the victim a rape kit.

"I don't believe it was an important detail in this investigation," Roach said.

The accused rapist will testify as the trial is expected to continue today at 10 a.m. in Sandusky County Juvenile Court.