CLEARFIELD – A DuBois man’s trial on charges of rape and conspiracy to commit rape got under way on Thursday.
Stephen Henry is charged with rape by forcible compulsion, conspiracy to commit rape by forcible compulsion, rape by threat of forcible compulsion, involuntary sexual deviate intercourse by forcible compulsion, conspiracy to commit involuntary sexual deviate intercourse by forcible compulsion, involuntary sexual deviate intercourse by threat of forcible compulsion, sexual assault, conspiracy to commit sexual assault by forcible compulsion and unlawful restraint.
A number of other charges Henry was facing were either dismissed or withdrawn prior to the trial. Henry is one of four men charged in the case. It is alleged that Henry and the other three men restrained and raped a then-DuBois woman.
District Attorney William A. Shaw Jr. cautioned the jurors that the testimony in the case was “not pleasant.” He laid the case out as far as what the jurors could expect to hear from witnesses as well as the elements of each charge.
Henry’s defense attorney, Joseph Ryan, agreed with Shaw about the testimony not being pleasant. He also pointed out that consent trumps forcible compulsion. Ryan said that if there is consent, with force or not, then there is no rape.
The alleged victim in the case, who was 19 at the time of the incident, was the first to take the stand and testified that on Oct. 23, 2008 she was at the residence of Thomas and Brian Selvage to drink beer, watch TV and listen to music. She stated that at one point Henry gave her a mix of blue punch and Coors Light, which she said he later told her he drugged.
She said that she went upstairs to use the restroom and that when she went back downstairs Henry grabbed her neck and arm and put a knife to her neck. She testified that when she asked him what was going on, he replied, “One more word and I’ll slice your neck open.”
The woman testified that she was scared and mad and that Henry led her to the couch. She said that her clothes were taken off by Henry and co-defendant Vincent Hart. She said that Henry used the knife to cut off her undershirt. She then testified that her hands were duct taped behind her back by Henry. She also identified metal and leather shackles that were used to restrain her. The woman testified that her mouth was then duct taped shut. She indicated that to cover her mouth, Henry ran the tape completely around her head.
Under direct examination she initially testified that she was forced to have sex with both Hart and Henry at the same time. She later stated that she was unsure of who was underneath her, but that she was sure Henry was behind her. She said that her eyes were closed during the incident.
“I was feeling pretty mad and scared,” she said.
She said that when the men were done penetrating her, Henry made her give him oral sex.
She testified that when the tape was removed, it “was not removed gently.” A photo of the tape that was used on her had hairs on it, as did the tape itself, both of which were entered into evidence.
The woman testified that before she could leave, she was told to sign a contract, which she said gave her rights to the four men involved. She said that Henry threatened to kill her if she told anyone.
Shaw asked if she wanted any of the events she had described to occur, to which she replied no.
“Did you agree to any of these things,” asked Shaw.
“No,” she replied.
She said that she believed the incident occurred because Henry was angry with her for using his girlfriend as a “taxi.”
The woman said that when she was taken outside by one of the Selvages, she fled to a nearby friend’s. The police were called and she was taken to DRMC so a rape kit could be administered.
Shaw showed the woman and the jurors blown up photos that were taken at the hospital. The photos included scratches on her back, tape glue in her hair, scratch marks on her neck and a red ear, which was attributed to her earrings being ripped off.
Under cross-examination she testified that she, Hart and Henry were looking for a dog. After that, they went to the residence of Thomas and Brian Selvage. She guessed that in all, she was at the Selvage residence for about 25-30 minutes, during which time she said she drank six beers and the spiked drink.
Under questioning by Ryan, she testified that she tried to push the knife away that Henry was holding.
Ryan questioned her about her eyes being closed during the incident, and how she knew that Henry was behind her. She said that she turned around to see what was going on. She also said that she did not look under herself or anywhere else.
Ryan also asked her if the she remembered accusing the three other men of being under her. She indicated that it was only two she accused, Hart and Brian Selvage. She said that now she wasn’t sure who it was.
Ryan asked the woman about text messages that she sent to Henry’s girlfriend after the incident. The woman confirmed that she sent a message that read, “LOL, Steve’s going to jail and you’ll never see him again.” She said she thought it was funny because of what he did to her. Under redirect by Shaw, she said that she wanted his girlfriend to know what he did to her.
She was also asked to identify a photo of herself that was taken in the emergency room. In the photo, the woman is smiling. During testimony later in the day by a nurse specially trained in sexual assault examinations, the nurse said the headshot photo is standard practice.
Co-defendant Hart testified to many of the same items that the alleged victim did. He added that Henry was ordering the Selvage brothers around during the incident, and that Henry threatened him into touching the woman’s breast.
“I was not allowed to leave until I touched her,” said Hart.
He denied having any other contact with her.
Hart stated that Thomas Selvage and Henry undressed her. He said that Henry ordered Brian Selvage to tape and bind the woman. He then said that Thomas Selvage took his clothes off and lay on the couch while Brian Selvage and Henry lifted the woman and placed her on top of him.
“She was screaming … muffled screams,” said Hart.
He said that during the incident the woman was crying and seemed distraught. He also testified that Henry had a knife and identified the implement in a photo.
Hart also testified that the Selvages appeared lost. In January questions were raised about both men’s competency.
Hart testified that he fled the scene when, at one point, Henry put the knife down. He acknowledged that he did not see anything other than the woman on top of Thomas Selvage and Henry fondling himself.
Shaw asked Hart if Henry had made prior statements about committing such an incident against the woman.
“He was going to take her at knifepoint and take advantage of her if she wanted it or not,” said Hart.
Hart acknowledged a plea deal he signed up for in exchange for his testimony against Henry he signed up for regarding his case.
“I couldn’t help her physically, so I thought I would help her verbally,” said Hart.
Under cross-examination it was revealed that Hart signed up for an eight month deal on an indecent assault charge. Ryan questioned Hart’s motivation for the plea deal, pointing out that in exchange for his testimony Hart would get eight months instead of 20 years.
Also testifying was Thomas Selvage. He backed up both the alleged victim’s testimony and Hart’s. He testified to Henry putting fruit punch and pills in a cup and giving it to the girl. He denied any testimony involving his brother’s alleged involvement and acknowledged his own involvement.
“He (Henry) told me to lie down on the couch and have sex with her,” said Thomas Selvage. “Steve made me do it.”
He said that Henry put the woman on top of him as well. He also said that Henry made the woman give him (Henry) oral sex.
He said the woman was crying, saying please don’t do this.
Thomas Selvage also testified that condoms that were used were obtained from Henry’s apartment.
Under cross-examination Thomas Selvage said the woman never said anything to or asked anything of Henry. He also said that Hart took the woman’s shoes off when she was being undressed.
Under redirect he testified to a backpack that, after the incident, he saw Henry put the condoms, knife and duct tape into. He said that Henry then ditched the bag in a garbage bin on their way to Henry’s girlfriend’s place.
Thomas Selvage also acknowledged his plea deal, which could net him up to 10 years in prison.
Testimony provided by a DNA expert confirmed that a vaginal swab from the woman had both her DNA and a sperm fraction from Henry’s DNA. A rectal swab from the woman had a mixture of her DNA as well as Henry’s DNA. A cheek swab from Thomas Selvage matched DNA from one of two used condoms that were presented as evidence. The DNA sample from the other condom was a mixture of DNA, and could not exclude the alleged victim or Henry.
