Sex assault of disabled man draws prison term

NORRISTOWN>> A Lower Providence man who had sexual contact with another man who suffered from a mental disability that rendered him incapable of consent, will spendup to a decade behind bars, a judge determined Wednesday.

Montgomery County Court Judge Garrett D. Page sentenced Robert E. Johnson, 50, of the 700 block of Mill Grove Drive, to 4½ to 9 years in prison for a felony charge of involuntary deviate sexual intercourse with a person with a mental disability in connection with the July 2014 incident in the

township.

Following his imprisonment, Johnson will serve three years probation. In total, he could be under court supervision for the next 12 years. He avoided a maximum possible sentence of 10 to 20 years in prison.

Page also agreed to allow Johnson to witness his son’s graduation from college on May 12 but has ordered him to self-surrender at 6 p.m. that day.

Both the prosecution and defense agreed the Page’s ruling was fair.

“I’m glad the judge crafted the sentence that reflected the seriousness of what happened here,” said prosecutor Nick Beeson. “It’s a sentence that’s deserving.”

Beeson said it was justice for the victim and his family.

Defense attorney Richard Fink characterized Page as “a very pensive, caring and thoughtful judge.”

“We had hoped for better because of all the mitigation that he’s imposed upon himself,” he said, “but it’s a very fair sentence. We’re grateful it wasn’t an unfair sentence that could have happened here.”

Page previously deferred sentencing so that court officials could complete a background investigative report about Johnson. He underwent drug, alcohol, mental health and psychosexual evaluations. Johnson was also evaluated by the Pennsylvania Sexual Offenders Assessment Board, which determined he did not meet criteria under the state’s Sexual Offender Registration and Notification Act to be classified as a sexually violent predator.

Based on a determination, Page ruled that Johnson should not be deemed a sexually violent offender.

The victim’s mother testified that her son lived in fear long after the crime was committed. For a while he refused to take a shower because he would visualize Johnson. He also set up motion detecting bobble heads. She said he’s had to move several times to feel safe, still has nightmares and does double takes to make sure Johnson isn’t there.

The defense interviewed two witnesses who testified that Johnson suffers from alcoholism and bipolar disorder. On the night of the incident, he was drunk and not taking the correct dosage of his prescription medication putting him in a diminished state of mind.

Johnson also suffers from Post Traumatic Stress Disorder as he was a victim of sexual abuse when he was 13 and was revictimizing himself. The experts said he is making progress in treatment for his various disorders and has shown true remorse for his crime.

An investigation began July 8, 2014, when the victim, an adult male, reported to Lower Providence police that Johnson had sexual contact with him, “without warning or the victim’s consent,” while the victim was in Johnson’s company at a township apartment.

“The victim said the defendant told him not to tell anyone about what happened before he left the apartment. The victim contacted his mother who contacted police,” Lower Providence Detective Charles De Frangesco wrote in the arrest affidavit. The victimis a client of a social service agency that helps those with serious mental illness reclaim independence and live meaningful lives, according to court papers.

Doctors told detectives that the victim “operates at a grade level between 2 and 5” and “is in capable of giving a sound consent in regards to sexual activity,” according to the criminal complaint.