Sexual Assault Charges Bound to Court Following Hearing

(GantDaily Graphic)

CLEARFIELD – A Clearfield man accused of rape and related charges had a preliminary hearing on Wednesday.

Shawn A. Hall, 20 of Clearfield, faces charges of rape, sexual assault, aggravated indecent assault (without consent), aggravated indecent assault (forcible compulsion), indecent assault (forcible compulsion) and indecent assault (without consent of another).

The alleged victim took the stand and testified that the incident in question took place on April 16, 2010, when she was 15. She testified that she planned on going to her boyfriend’s and had been texting with Hall throughout the school day. She testified that she knew Hall through an acquaintance and that she had asked him for a ride to her boyfriend’s. She testified that she had no particular time she wanted or said she would be there, but asked Hall to pick her up at 6 p.m.

She said that Hall did not have a driver’s license, so an acquaintance of Hall’s, along with Hall, picked her up. She testified that Hall had texted her that he wanted to hang out with her earlier in the day. She said that Hall told his acquaintance to take them back to his (Hall’s) house. Under cross-examination, she testified she was not surprised at this. She said when they arrived at his house, Hall and his acquaintance got out while she stayed in the car. She said she did not want to get out, and that she did not tell Hall she did not want to be there.

The alleged victim testified that Hall opened the door and told her to get out. She said the acquainance went to the garage while she and Hall went in the house. She said they watched television briefly before he began to try and hug her and rub her stomach. She said she pushed his hand away multiple times.

She testified that at one point they were laying on the couch and he turned her onto her stomach and got on top of her. She said he pulled her pants down some and asked if she had underwear on. She said she was wearing a thong and said he asked if he could see it. She said she told him no. She said he kept trying to kiss her and she turned her head and told him to stop.

The alleged victim testified at one point her boyfriend texted her and asked where she was at. She testified that she replied, stating she was waiting for Hall.

“I was scared,” she testified.

She said Hall then asked her if she wanted to go upstairs. She said she told him no.

“Did you want to go upstairs,” asked Clearfield County District Attorney William A. Shaw Jr.

“No,” she replied.

She said he then picked her up and carried her up the stairs to a bedroom. She said he put her down on a bed. She stated she told him she didn’t want to have sex, and that he said they weren’t. She stated he then closed the door and things escalated. She said he kept trying to kiss her and take her pants off. She said she said no, but he eventually did get her pants off.

She stated that eventually he took his pants and underwear off and penetrated her. She stated that when it was over, she went outside and told his acquaintance to go in and get her stuff. She said Hall came out with them and they took her to her boyfriends. She testified that on the way, Hall texted her, asking what was wrong. She said he also texted she should have slapped him and he would have stopped.

She testified that when she got to her boyfriend’s, she was crying and told he and his mother what had happened. She said the mother called her parents, and then they took her to the hospital where she eventually talked to the police.

Defense attorney Ron Collins questioned how often she said no as well as if she struggled or if she screamed.

“I was scared,” she said. “It was happening quickly and I didn’t know what to do.”

Before Officer Matt Mallon was called to the stand, the attorney’s agreed to stipulate to the DNA testing report, which said that semen taken from the alleged victim’s underwear matched a sample taken from Hall. Mallon said that a rape kit was performed, but no other samples came back positive for a match with Hall. He also testified that the age difference between the two was three years, 10 months.

The age difference resulted in additional charges of statutory sexual assault, aggravated indecent assault and indecent assault being dismissed by Magisterial District Judge Jim Hawkins. The charges mentioned earlier in the article were bound to the next term of court.

Prior to those charges being dismissed, Collins asked for a forcible compulsion charge to be dismissed.

“The way it’s being described, I’m not hearing the level of telling Mr. Hall ‘no’ that would make him … aware she wasn’t a willing participant,” said Collins.

“She says no,” countered Shaw. “There’s nothing in the law for what level she has to say it.”

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