Victim: 'I don't want it to happen to anyone else'

Charge reduced from rape to assault; defendant sent to prison.
Cary Ashby
Mar 6, 2014

The assault victim had to collect herself for a few moments before she spoke to the court Wednesday.

The woman said the June 15 incident has affected every personal and work relationship she has.

"What happened that night ... is something that changed my life forever," she said.

"I've been to counseling. I've had to relocate," said the victim who has been diagnosed with post-traumatic stress disorder, insomnia, depression and anxiety.

The mother of two daughters, who are 14 and 18, said she can't imagine them going to dinner with her best friend like she did and being sexually assaulted.

"I don't want it to happen to anyone else," the victim said. "I don't want to run into him ever again."

In mid-August, a Huron County grand jury indicted the defendant, David Barnum, 38, of 218 Park St., Willard, on rape. The first-degree felony is punishable by three to 11 years in prison. Then in mid-January, Barnum pleaded guilty to an amended fourth-degree felony of aggravated assault.

Barnum was sentenced Wednesday to 17 months in prison -- one month short of the maximum.

"The defendant got carried away and took advantage of someone," said Huron County Prosecutor Russell Leffler, whose office had a lengthy discussion with the victim before Barnum's plea.

Leffler said it's possible for any man to get the wrong message when interacting with a woman, but he said he can't imagine first meeting someone and then sexually assaulting someone as Barnum did.

"I'm sure he feels bad about it," Leffler added. "He's had some felonies, so some prison time would be appropriate."

The June 15 assault happened at the restaurant and lounge in Holiday Lakes in Willard when both subjects had been drinking and socializing. Barnum was an employee there, but later worked at a different location with the same name.

Defense attorney John McMahon said a friend of the victim went looking for her when she realized the woman was missing and found Barnum and the victim "doing their business" in a quiet place in the establishment.

"There was no screaming; there was no struggling," McMahon said, referring to the victim.

Barnum's attorney accused the woman of making similar allegations to the Willard Police Department in 2007. He said the victim provided language in that complaint "that was almost verbatim" to what she told the Huron County Sheriff's Office in this case.

Deputies arrested Barnum soon after the assault.

"If I could take that night back, I would. ... I think about it every night," Barnum said Wednesday, referring to the assault. "I sincerely apologize to her."

Barnum spent 84 days in the Huron County Jail. He had been on an electronically-monitored ankle monitor since his Jan. 17 plea hearing.

Huron County Common Pleas Judge Jim Conway, before announcing the prison sentence Wednesday, said Barnum earlier had been charged with or convicted of two assaults, receiving stolen property, theft, domestic menacing and domestic violence.

"Those past acts give credibility to what the victim said happened," Conway said.

The judge ruled Barnum's remorse wasn't genuine. Conway said he believes the defendant's problems are as much about substance abuse as anything else and noted that undergoing sex offender treatment in prison would be appropriate.

Conway said Barnum "got the benefit of the (plea) bargain" and said he would consider releasing him early from prison into a community-based corrections facility -- but only after Barnum had served a "significant portion" of his 17-month prison term. Defendants spend four to six months in a CBCF, a form of prison which focuses on substance abuse treatment and education.

Barnum, who earlier had successfully completed parole, will be on three years of post-release control.

Comments

WASP71

Directed at certain posters on here..

Scranton Tibbs

Church....that solves all problems. May just as we'll stand outside in a tin foil hat and pray to aliens. Silly.

queenjhb

Lie detector test for both of them..................

humpty_dumpty

SAD in this country people make excuses for sick sex predators. FAR as lefflers COMMENT are you kidding me POSSIBLE FOR ANY MAN TO GET WRONG MESSAGE. NO as a MALE who was raised right a REAL MAN dont get the wrong message respects a woman and knows no means no!!!! MAKES me wonder if people that defend scum like this maybe do it cause maybe they do sexual assults themselfs

judg_lis

Really? I cant believe people defend someone who has a LONG history of falsely accusing people. Why would a prosector plea to a felony in the 4 th degree? You dont go from rape 11 years to a max of a year and a half. What the defendent plead to would of gotten someone with a clean record probation. The alleged victom knew there was a possibility he may walk free. As a female who has been a victim of a violent crime. This is ludicrous! They knew they had no case, but had him by the balls. He took the plea because it would be hard for 12 jurors to believe a woman could be so mentally disturbed to follow through with such horrible allegations. People want to believe in the good moral code of others. If what she said happened he would be doing at least 5 years! Most likely 11. Today with the technology we have medicAlly and scientifically, a extremely violent rape can be proven the majority of the time. Talk to some people who were there that night. Or better yet a few weeks ago when the victim was repeating the same behaviors she does every time another accusation comes up. She needs help

photoreal77

"themselfs"?? Huh??
...and you call him scum, why? Cause of his tats & the fact he has a past? You're judging him based on an article you ignorant fool. WE who defend him KNOW him AND the accuser. Please get a life and some education while you're at it. Wow!

JMOP

The only people who are bringing up his tattoos are his defenders.
I, judged him on his own admission of guilt. Nothing else, not even his past, only what is written in this article.

PSA: when calling other people morons, it doesn't make oneself look bright.

judg_lis

Jmop,

If you actually read all my entries you would of comprehended what actually occurred during this case. You should take another read. You might find a little insight into how our Judicial system works. Stating that he admitted guilt is saying he plead guilty to rape and is serving 11 years. I have NEVER EVER heard of a rape count being dropped to a non sexual offense!!! In almost 100% of cases involving rape the defendant pleas to at least sexual imposition, which carries a 5 year sentence. Also, the assailant must register as a sex offender for at least ten years. None of the above took place he plead to an assault. If he hadn't had a record from years ago he would of served probation!!! A choice had to be made with the advice of an attorney. Go to trial and risk 11 years for something that never happened hoping that the 12 jurors see the truth. Or take a plea. Any person who truly values their life would not gamble 10 years of it.

JMOP

Comprehend? I read your posts, along with everybody else's on here, including the article where he pleaded guilty, and sincerely apologized to his victim.

Why would anyone admit guilt if they're innocent, and passed a polygraph? I smell bullship* on his side. Sounds like he has people fooled.

humpty_dumpty

Bringing up his PAST yes your past is important idiot! i never mentioned his TATS fool! Im sure you do hang with him scum hangs with scum! YOU prob hang with himn cause your prob just like him trash that preys on women. ARe you 1 those that blame the woman to by clothes shes wearing?. Best thing that could happen to him is somebody take him out in prison 1 less scum!Far as education lmao im ovious more educated then you after all you defend sickos who molest women .

judg_lis

Is this a joke? This is a sight for adults. Know the facts before you start spewing ridiculous insults. This has nothing to do with the clothes a woman wears. It is about a woman who followed a man into a bathroom grabbed his penis, had sex with him and got caught by a witness. She has accused other men of the exact same thing numerous times! She is an insult and joke to woman who have really been sexually assaulted. You must be one of the very few who know her and believe her repeated lies. If your going to have a conversation with me use the education you supposedly received. Your entry looks as if a 4th grader wrote it!

rickross2

I was going to say the same thing about the grammar. Calling someone uneducated and typing out a Helen Keller quality comment is hilarious..

humpty_dumpty

LOL PHOTO you talk education you admit you hang with- Barnum earlier had been charged with or convicted of two assaults, receiving stolen property, theft, domestic menacing and domestic violence

LETS see you hang with THIEFS- WOMAN BEATERS hmmm to borrow your line GET A LIFE! lol

judg_lis

The truth will come out someday. That is if she ever wants any peace of mind. Either that or she will repeat history and falsely accuse another man of rape.

rickross2

38 years old, criminal history, works in a bar, neck tats as trashy as they come, and having sex with a strange girl in the bathroom of said bar(possibly raping her), all while everyone says the "victim" ruined his and his CHILDS life??? He sounds like a great father and role model!

judg_lis

Your either a woman or the pope? What man hasnt had a consensual sexual encounter after both parties had to much to drink. That doesnt make him a bad dad or role-model. The majority of people put themselves in a risky situation at one point or another. The difference here is she is an unstable woman who drinks to much and repeatedly continues to accuse men of rape. The outcome of the situation is instead of having her reputation further destroyed and having to face the consequences of cheating, she decided to repeat word for word an accusation she has made multiple times in the past, hoping it would stick. She is the one who needs some serious therapy and substance abuse treatment!

rickross2

It's not really the sex with a stranger part....it's a compilation of his entire story that makes him less than desirable. I've had my fair share of one night stands and some I don't even remember their name, but that was before I had CHILDREN to worry about. They come first no matter what...true story.

humpty_dumpty

ITS ovious who else attacks women just look at those defending this piece trash LOL. I suppose women framed him on his thief charges oh and i bet he was framed on his domestic charges LMAO. FAR as his tatoos hopefully he gets more in prison and hopefully he gets a dirty needle.

judg_lis

Get a clue humpty! He is being defended by men and woman who know both parties and have witnessed their actions over the years. People change, his petty crimes were comitted almost 15 years ago. He is supported by outstanding citizens both men and woman and professionals who have witnessed him make a 360 and gain full custody of his child. She on the other hand has been seen in public settings drunk fondling men within the last few weeks. The fact you would wish anyone a terminal illness speaks wonders for your lack of ability to see a situation from a logical standpoint. Im guessing your unable to look at the real facts. She must be your bar buddy.

dogmama2

Not knowing anyone involved in this, I would appreciate it humpty_dumpty if you would please use proper grammar and spelling! It would help your stance immensely.

happyfeet64

First and foremost- rape is a crime relating to control, degradation, manipulation etc. it is not a sexual crime. Second, the remarks made by Leffler are some of the most ignorant I've seen coming from an officer of the court in a long time. Third, if she dropped her pants or pulled her skirt up, whatever she did, then said no or if she was intoxicated - it's rape. I wasn't there, so I don't know. What I do know is this case was based on its own merits, not was she's done in the past or what he's done in the past. You can say different, that it was prejudicial, etc. hard to prove, easy to say. One more thing- whether this woman screws 50 guys in the bathroom or not, by law it's irrevelant.

JMOP

You've said it better than I could HappyFeet64

humpty_dumpty

I guess to some you maybe a mispelled word is worse then sexually assulting a woman.

JUDGE you say get a clue HMMM why you admit your friends of a criminal- woman beater sex pervert GET A CLUE

He got custody his child- WOW some judge sure screwed up!

His crimes were 15 years ago WHO CARES once a woman beater always a woman beater!

you say hes a changed man LMAOOOOO so changed that hes going back to prison!

Dr. Information

If this man didn't have a history of being in trouble, even though its been a long time ago, he wouldn't be incarcerated. I have been to this place a few times in the summer with my relatives from Willard. You do not end up in the outside bathroom past midnight on a cold night by accident. She went down there to get it on and then had the equivalent of buyers remorse once the deed was finished.

judg_lis

Exactly Dr. Info., she followed him into the mens bathroom and grabbed his #@/%...., while he was urinating. It was consenual and when she got caught she was ashamed and had to save face. Her past does matter, she has done this exact same thing to other men, including her ex-husband. They have the police report and it was "word for word", the exact same claim! As far as rape not being a sexual crime? What??? Yes, there are other factors on why it occurs control, dominance, power etc...but the core issue is a physically sexual one in nature. Otherwise the person would beat, intimidate, kidnap, stab, strangle, so on and so forth. Once a sexual act happens it is a sex crime. Again, he never admitted or plead guilty to anything sexual!

Texas

Do you really think this will be his last time he will be in trouble with the Law again. If you think so let me sell you a bridge. This guy is a "Loser"... and will continue to be a loser . Judge Conway was to easy on him.. 17 Months was just a slap on the hand.

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