Suspect in 'fairly violent rape' indicted by Huron County grand jury

Man is an employee at the restaurant and lounge in the Holiday Lakes area.
Cary Ashby
Aug 19, 2013

A Willard man accused of "a fairly violent rape" was one of nine suspects indicted by a Huron County grand jury.

David Barnum, 38, of 213 Park St., is charged with one count of rape in connection with a June 15 incident. If convicted of the first-degree felony, he faces three to 11 years in prison.

Huron County Prosecutor Russell Leffler said Barnum was an employee at the restaurant and lounge in the Holiday Lakes area, where the suspected rape happened. Barnum's accuser is a 37-year-old Willard woman.

"He wasn't indicted previously. It was the case that came out of municipal court," Leffler said.

The Huron County Sheriff's Office arrested Barnum in mid-June.

The defendant was in Huron County Common Pleas Court in late July when Judge Jim Conway declined to lower his $75,000 bond. Deputy Ted Evans filed the rape complaint in Norwalk Municipal Court against Barnum on June 17.

During the July 29 hearing in common pleas court, defense attorney John McMahon said the rape allegation is serious, but told Conway if the case went to trial, Barnum would claim the incident was consensual. In response, assistant Prosecutor Daivia Kasper said the supposed facts indicate "this was a fairly violent rape."

Barnum, who was indicted Friday, is accused of engaging in "sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force," according to court records.

Comments

ladydye_5

Is there a difference in rape. "Fairly" violent, as opposed to just violent? or extremely violent? I would think rape is violent PERIOD.

swiss cheese kat's picture
swiss cheese kat

Having sex with a woman who is impaired by drugs or alcohol is therefore unable to give consent and the crime is considered rape under Ohio law. The rape then is labeled violent because the rape was done by force since there is no giving consent by the victim. That is the law. There may have been consensual sex, but by the definition of Ohio laws, a rape did occur if the victim was impaired.

Wildbunch3

I'm sure all his "friends" that were defending him before will be posting comments soon! According to them he wouldn't even be indicted!!

mammamia

...at least it wasn't referred to as "legitimate" rape...

inahappyplace

I don't know this guy, but I do know the accuser... This isn't the first time she has accused a guy of raping her! She accused her husband of the same thing years ago! She seriously has issues. I just hope she realizes there were witnesses to what happened and are willing to come forward!!

swiss cheese kat's picture
swiss cheese kat

If there were 100 witnesses, the law was still broken if she is found to be impaired and legally unable to give consent. I would agree she has some issues.

Warped

Witnesses?!? To a rape?!? IF it was rape and IF there were witnesses, and IF a conviction comes from this, wouldn't the witnesses come under some kind of a ruling for witnessing and not stopping a rape?

swiss cheese kat's picture
swiss cheese kat

The witnesses probably had no idea the law was being broken. If it was consensual and she is found to be impaired, then she is unable to give consent by definition of law, therefore it becomes rape by force.

GLADYOUCAUGHTHER

If sheri carr is so honest and saying than david raped her what about the rape claim back years ago against her ex husband brain? Was that a lie or the truth? You hope she's lying about at least one of them? I don'tknow both men but I heard thru grapevine of lovely people.