CLEARFIELD – A DuBois man accused of binding and raping a former DuBois woman took the stand in his own defense on Friday.
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.
Prior to being found guilty of the above counts, Henry testified on Friday.Henry said that the sex between himself, the alleged victim and Thomas Selvage was consensual. He said that that initially he was at the home of Thomas and Brian Selvage. He said he talked to them about trading VHS tapes and they went back to he and co-defendant Vincent Hart’s place, leaving the victim there, to get his items to trade.
He said that while at his place he grabbed a backpack that had condoms and duct tape in it, placed two daggers or knives in it, as well as VHS videos. He also placed leather/metal shackles in the bag. He also said he grabbed some blue punch.
“Why were the chains in there,” asked his attorney, Joseph Ryan.
“I was planning on having sex if I could get it with (the alleged victim),” said Henry. He also testified that Thomas Selvage, whose mental acumen has been questioned by the court, told him that he was trying to figure out how to have sex with the victim.
He and his three co-defendants went back to the Selvage home and began drinking Coors Light with the alleged victim. He said the alleged victim was on the phone with her boyfriend because she was “horny.” Henry said he was going to mix everyone some drinks, which consisted of blue punch and Coors Light.
On Monday co-defendant Thomas Selvage testified that he witnessed Henry put the contents of a pill in the drink that was given to the victim. A forensic scientist testified that he analyzed the residue in the cup as well as pill shells that were recovered. Both had a sleep agent in them.
Henry denied putting medication in her drink, but did state that he knew the victim gets easily intoxicated. He testified that he asked her if she wanted to have some fun. He said the victim said yes. He said he asked her if she was horny, and she said yes. He asked her if she wanted sex. He told her, “Just so you know, I’m not into regular sex. I like bondage.”
He said he then pulled the restraints out of his bag, and that her eyes got big. He said the victim never said she wasn’t into that. He said he began to restrain her, but with the leather/metal straps, her arms still had some freedom. He said when he reached in for the second restraint he brushed the duct tape, which gave him the idea to use that as well.
“I know, when you sweat, duct tape loses its stickiness.”
Henry said that Hart helped him undress her. He also said that he (Henry) cut a strap on her undershirt. Henry said that Thomas Selvage got naked on laid on the couch while the victim climbed on top. He said that he went behind her and began to penetrate her anally. He said he went slow because he was unsure if she had ever done that before.
Henry said that when Thomas Selvage was done, he had vaginal sex with her and ejaculated. He said he then picked up a ceremonial dagger and said, “I got a dagger, what are you going to do about it?” Henry said he was joking when he picked up the dagger.
He said she then gave him oral sex.
Henry said that Hart had half-heartedly written a contract, and that she didn’t say no when she was presented with it to sign.
“Was she crying,” asked Ryan
“She might have been at first, I didn’t look,” said Henry.
He said that Thomas Selvage left with her and returned shortly to tell him that she went to a neighbor’s saying that Henry raped her.
“I freaked,” he said.
Henry said that both Selvage brothers left their house with him and went with him to his fiancé’s. He said that he did not want her to learn that he had an affair, so he came up with a story, one which the Selvages agreed to back him up on. He said that he also got rid of the backpack in a garbage bin on the way.
Henry said that he told her that they played truth or dare with the victim, and she had them masturbate into a cup, and then she left with the cup and took it to the bathroom. He said his fiancé was half asleep, and told him they’d talk in the morning. He said he later called the police and told Officer Steve Maholtz of the DuBois City Police Department the truth or dare story.
He said he gave a written statement to the affect, but admitted that when Officer Randall Young came in and began emptying his backpack, he told Young essentially what he testified too.
Henry said that he didn’t threaten anyone, didn’t order anyone around and didn’t plan to rape the victim.
Under cross-examination, Clearfield County District Attorney William A. Shaw Jr. asked Henry if he had asked the victim if she wanted to be strapped or duct taped.
“No,” replied Henry, who also stated, that she didn’t say no. He said that he put the tape on her hands.
“Who put the tape on her head,” asked Shaw.
“That don’t know, sir,” said Henry. He noted that he was unaware of when that happened, and that he did not see that.
Shaw also questioned why he picked the victim to have sex with.
“I had gone a year without sex,” said Henry. “My girl wouldn’t put out.
“Is it frustrating without sex,” asked Shaw.
“I don’t require it,” replied Henry.
He said if the victim didn’t want sex, that would have been the end of it. He also said that Thomas Selvage was incorrect about him (Henry) putting the pill in the drink.
Shaw also pressed Henry on the fact that he did not ask the victim if she wanted anal sex and his testimony that he was unaware of tape being placed around her head/mouth.
“Here we have a girl who’s taped up, shackled,” said Shaw. He’s saying that she didn’t make a sound when he was anally penetrating her.
Shaw also asked him about flashing the knife at the victim. Henry said he showed it to her as a joke.
“What was funny about it,” asked Shaw.
“I just thought it was funny,” responded Henry. “It’s dull and has no purpose.”
“If it’s dull and has no purpose, why was it in your bag,” asked Shaw. Henry said it was to trade for VHS tapes.
Shaw then brought up the contract, which “gave” her rights and privileges to Henry and the Selvage brothers. Henry said he asked her to sign it.
“I didn’t want her to saying we raped her,” said Henry.
“If (the victim)) signed it, does that exonerate you,” asked Shaw. Henry asked Shaw what he was saying he did.
“I’m saying you raped her,” said Shaw.
“I’m saying I didn’t,” retorted Henry.
Shaw asked him if he was trying to convince the woman that by signing it, she could not tell people he raped her.
“I told her that in the art of bondage sex, contracts are usually involved,” said Henry. “Not everyone knows the difference (between rape and bondage).”
He also said that he realized the stuff he had, the duct tape, shackles, condoms and daggers, it would look like he raped her. Shaw asked him if the first time he talked to police, he told them of his proclivity for straps and duct tape.
“No sir,” said Henry.
“You made up a story,” said Shaw, referring to the “truth or dare” story.
“You lied to police,” asked Shaw.
“Yes sir,” responded Henry.
Police officers also testified on Friday as to locating evidence and interviews with those involved.
In closing arguments, Henry’s attorney, Ryan, pointed to the photo of the victim’s face.
“This picture is not he face of someone who was raped two hours before,” said Ryan, stressing what he believed to be a smile.
“The nurse said it (the facial photo) was procedure,” said Ryan. “She didn’t say she told her to smile.”
“There’s reasonable doubt here for sure,” argued Ryan.
On Thursday he touched on plea agreements that two of Henry’s co-defendants signed. He said he knew why they testified to what they testified to, but he didn’t understand why the victim testified the way she did.
“You know why (the victim) said what she said,” argued Shaw in his closing. “She was raped … gang raped … drugged.”
Shaw also disputed the smile on the photo, stating that he believed it was an uncomfortable look.
After the jury announced their verdict, it was announced that must take part in a Megan’s Law evaluation.