Clearfield Man Accused of Rape Waives Hearing

(GantDaily Graphic)

CLEARFIELD – On Wednesday a Clearfield man waived his right to a preliminary hearing on sexual assault charges.

Barry Baum, who was 18 when the incidents reportedly occurred, faces two counts of rape, one count of statutory sexual assault, and four counts each of aggravated indecent assault and indecent assault.

According to the affidavit of probable cause, the alleged victim, a 13-year-old girl, reported to police on Dec. 10, 2009 that she was the victim of a sexual assault that occurred on April 3, 2009.

She said she was dropped off at Crossroads in Downtown Clearfield. She said she went inside and talked with a few friends. She said about an hour passed when and that was when Baum approached her and began speaking to her. She said they walked next door and talked for about 45 minutes.

She told police that at 8:45 p.m. they went for a short walk and ended up behind the Crossroads building. She said they kissed and that Baum put his hand under her bra. She said she told him to stop. She told police that at 9:10 p.m. Baum pulled her to the rear of the What Not Thrift Shop and unzipped her coat. She said she again told him to stop. Police said a struggle then ensued. She said that Baum pulled her pants and underwear down. She said she again told him to stop and that she took a swing at Baum.

She said Baum grabbed her wrist with his hands, made her turn around. She said Baum held her hands to her sides, made her bend over then entered her. She told police that lasted about two minutes. She said Baum turned her back around and told her not to tell anyone. The girl told police that Baum then left her there. She said she got a ride with a relative.

Police asked the girl why she waited so long to report the incident. The girl told police that she was ashamed she put herself in that position and threatened by his statement.

She was interviewed on two other occasions. Police noted that each time her interview contained the same details that were given in the first interview.

On Jan. 2 Baum went to the Clearfield Borough Police Department to speak with them about the incident. Baum agreed to speak with police regarding the event. He told police that he met the girl on April 3, 2009. He said they went for a walk, which ended to the rear of the What Not Thrift Shop. He admitted to touching her breast and touching her vagina as well as having sex with her. He denied raping her and said it was consensual. He further told police that the girl was intoxicated at the time of the incident. He also told police that the girl was spreading rumors that he raped her.

Baum gave a written statement to police. According to the affidavit, just after signing the statement he asked for help in getting an attorney. Police had further plans to question him but they were stopped after he asked for an attorney.

Baum is free on $25,000 unsecured bail. As a bail condition, he is to have no contact with the alleged victim.

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