CLEARFIELD – A convicted rapist accused of assaulting an area woman was sentenced to state prison Thursday by Judge Paul E. Cherry.
Demmin Dwayne McKinney, 41, an inmate of the Clearfield County Jail, pleaded guilty to failure to comply with registration requirements, indecent assault and false identification to law enforcement. He was sentenced to 42 months to 10 years in state prison.
Originally he was also charged with rape and involuntary deviate sexual intercourse.
The charges stem from an incident in Clearfield Borough on March 26 when McKinney who was having a sexual relationship with the victim allegedly raped her.
Prior to sentencing a hearing was held to determine whether he should be classified as a sexually violent predator.
Molly Wagner, a member of the Sex Offender Assessment Board testified that she spoke to the victim about her relationship with McKinney that began after they met online.
The victim told Wagner they started having consensual sex often after first meeting in February of 2015.
When asked by McKinney’s attorney Curtis Irwin if Wagner was aware of his prior history, Wagner admitted that McKinney had a previous victim who was only 13 years old.
She agreed this was a different than that case, and that McKinney had not used threats or violence in the assault. She stated that McKinney suffered from a personality disorder.
Irwin noted that Wagner never spoke with McKinney.
McKinney testified that he did speak with another person from the sexual offender’s board at the jail. He stated that he signed papers at that time regarding the case. McKinney explained the other investigator told him the questions would be the same in any other interviews so he declined another interview with Wagner.
“I didn’t want to talk to anyone else,” McKinney said.
Because Wagner did not speak with McKinney before preparing her report on him, Irwin asked for another assessment.
Cherry denied this and declared McKinney a sexually violent predator based on the information in Wagner’s report.
According to the affidavit of probable cause, the victim reported March 26, 2015 that her boyfriend had raped her the previous night. She showed police a contusion on her right arm that she had gotten from him a few days earlier. She said she didn’t report the incident because he “sweet talked” her and convinced her everything was OK.
She told officers she wanted him removed from her apartment and asked for a protection from abuse order. She was issued an emergency PFA through a local magistrate.
When police tried to serve the PFA they were unable to identify him with the name the victim had provided. After several different names and birthdates were given, the man was transported to the county jail.
He eventually gave his correct name as Demmin McKinney. He admitted to police that he had run away from a halfway house after serving eight years in state prison for the rape of a person less than 16 years old.
He explained he used online dating sites to meet up with women so he could stay on the run.
Police interviewed the victim again. She explained she met McKinney on an internet Web site and he gave her his phone number. Shortly after this, he said he wanted to move in with her and get married. She admitted the relationship was sexual but said that night was the only time he forced himself on her.
In July McKinney was sentenced to 60 days in jail for violating the PFA by writing to the victim from jail, according to a previously published report.