Dayton Daily News

Man pleads guilty to rape shared on Snapchat by victim

- ByJennifer­Feehan

Saying PORT CLINTON — he’d had too much to drink that night, a 77-year-oldMarbleh­ead man admitted in court Friday that he sexually assaulted a 20-year-old woman who posted a video of the attack on social media.

James D. Allen pleaded guilty to rape, a first-degree felony, for theAug. 8 incident at his home. He faces up to 11years inprisonwh­enhe is sentenced Dec. 8 by Ottawa CountyComm­onPleas Judge BruceWinte­rs.

With his attorney, James Popil, at his side, Allen gave the court a lengthy statement about his life, his relationsh­ip to the victim and the events that led up to the assault. He conceded he gave alcohol to the20-year-old at her request and that he drank with her that night.

“I honestly don’t remembermu­ch about this. I know it’s true. I take full responsibi­lity because I’ve seen it,” hesaid, referring tothe video the youngwoman­sharedthe same night with friends on Snapchat.

Ottawa County Prosecutor James Van Eerten said the victim’s ability to consent to the sexual act was impaired – and Allen knewit — because he had given her alcohol to drink.

Aspartofap­leaagreeme­nt, analternat­ecountofra­peand two counts of sexual battery are to be dismissed at sentencing. Mr. Van Eerten said afterward that Allen could only be sentenced on one count since all pertained to the same offense.

The prosecutor said the victim, whowas not in court Friday, had approved the terms of the plea agreement offered to Allen.

Mr. Van Eerten said he still is not sure why the young woman was recording that night or why she shared the video with her Snapchat friends – at least one of whom immediatel­y called Danbury Township police.

“It’s still kind of a mystery as to why she was [videotapin­g]. Perhaps it was her only method ofcommunic­ation at the time,” Mr. Van Eerten said. “Again it appears as though she was severely intoxicate­d at the time and under the influence. He clearly admitted to providing her with a substantia­l amount of alcohol that night.”

The videotape provided “irrefutabl­e” evidence of what occurred, he said.

On the night of the attack, Danbury Township Police reviewedth­evideothen­identified­andarreste­d Allen, who they had spoken with earlier the same night when they were called to check on the welfare of the 20-year-old at his home. On their first stop at the home, they said they found nothing wrong.

Judge Winters told Allen that as a result of his plea, he would be classified as a sex offender who must register with the sheriff in the county where he lives every 90days for the rest of his life.

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