CLEARFIELD – The 15-year-old girl who has accused a Mahaffey man of raping her back on Sept. 27, 2010 testified first during his three-day trial that’s scheduled through Wednesday before Judge Paul E. Cherry at the Clearfield County Courthouse.
James L. Turner Jr., 31, of Mahaffey is facing charges of rape; involuntary deviate sexual intercourse with person less than 16 years of age; statutory sexual assault; indecent assault with person less than 16 years of age; and corruption of minors.
The commonwealth formally dropped the charge against Turner for aggravated indecent assault with person less than 16 years of age prior to the start of the trial. Turner is currently free on $50,000 unsecured bail.
The evening of Sept. 26, 2010, the girl went to Turner’s home around 8 p.m. – 9 p.m., as she often babysat the defendant and his wife’s four children. She explained that Turner’s wife worked the night shift, and the defendant needed to get up early the next morning.
The girl testified that Turner’s wife left for work around 10 p.m. She said the older children who were around 12 years of age put themselves to bed at night. However, she tended to the youngest who was a 1-year-old girl. She and the child went to sleep in the couple’s bed, while Turner slept on the couch downstairs.
Sometime after 12 a.m. Sept. 27, 2010, she said the defendant came upstairs, where she was sleeping with the child. He told her to put the child in her toddler bed next to the couple’s bed in the bedroom. The defendant then got into bed with her in what she described as an “awkward” moment in which they laughed and she thought, “Why are we both in the same bed.”
The girl alleged that Turner eventually grabbed her head and neck area and forced her to perform oral sex on him, telling her to “do it.” She said this sex act lasted approximately two to three minutes, and it wasn’t something she wanted to do. Afterward he told her to go downstairs, which she did and he followed.
In the dining room, she said Turner removed her pants and underwear and forced her to have sexual intercourse with him. She said, “It’s not something I wanted. I told him ‘no’ at least three times. He didn’t say anything.” She said Turner’s hands were gripping her thighs and hips and pulling on her. She said the alleged rape lasted no more than 10 minutes.
When asked by District Attorney William A. Shaw Jr., the girl said afterward she was confused. She had looked up to the Turner family almost like parents. She said she was shocked and embarrassed that the alleged rape had even occurred. She explained that Turner stopped when the oldest daughter turned on an upstairs light.
She said Turner went upstairs and she stayed downstairs. He instructed her not to tell anyone about the alleged rape. She said at that point, she didn’t call anyone or attempt to leave the Turner residence.
“When something like that happens, your body is numb. You don’t know what to do,’ testified the girl. She went to bed until she was awoken by the defendant’s wife at approximately 6:30 a.m. or 7 a.m. She then put the oldest children on the school bus and planned to go shopping with her mother. When asked by Shaw, she said she didn’t tell her mother while arranging their shopping trip around 10 a.m.
“I didn’t want anyone to know. I was scared. I was embarrassed,” she said. She then showered and changed clothes and her mother picked her up. After their shopping trip, she returned to the Turner residence long enough to give a large teddy bear to their youngest daughter. Her mother then dropped her off at her grandma’s residence.
According to the girl, she had previously text-messaged two male friends, including an ex-boyfriend, about the alleged rape. However, she said her grandma was the first to hear about the alleged rape in-person. Her grandma advised her to contact her father and then the Punxsutawney-based state police, which she did.
After being interviewed by state police, she said her mother transported her to the Punxsutawney Hospital to have a rape kit performed on her. She said they collected her clothing and samples and observed bruising on her at the hospital.
During cross-examination, defense attorney Robbie Taylor questioned the girl about why she didn’t call out for help. She admitted the nearest door was five feet away and her family lived close by. In addition, she admitted to having her cellular phone and charger next to the bed.
Taylor pointed out her first communication about the alleged incident was text messages with two male friends.
“They weren’t even family members,” he said. “You didn’t call 911. You didn’t call the police. You didn’t call your mom.”
The girl said she couldn’t bring herself to tell her mother. She said when she did tell her grandma, she wasn’t laughing or joking about the alleged rape and if anyone said so, they were wrong.
Taylor then questioned the girl about her second interview with the state police on Sept. 29, 2010 in which they inquired about force. He claimed the troopers report indicated that she’d admitted she was wrong to have sex with Turner, because he was married. The girl said she didn’t recall that statement; however, she didn’t think the trooper would lie in his report.
Taylor then asked about whether she told state police that she never said “no” during the alleged rape incident. She said it could have possibly come across that way, but it wasn’t what she meant in her interview with state police.