Guilty of rape: child under 10

GREENVILLE — A Greenville man was found guilty of two counts of rape in Darke County Common Pleas Court Wednesday. Judge Jonathan P. Hein presided.

Jeffrey “Scott” S. Sutherland, 33, of Greenville was found guilty on two counts of rape by a jury after a three-day trial. Sutherland’s trial was based off allegations he inappropriately touched and raped a female family member under the age of 10 in April 2020.

“I believe the jury reached the right verdict on the two counts of rape that they considered,” Prosecuting attorney Deborah Quigley said.

Sutherland was originally indicted on three counts of rape, all felonies of the first degree, and one count of disseminating matter harmful to juveniles, a felony of the fourth degree, which was dropped before the trial took place.

“Based upon the evidence as it was presented at trial regarding count three, as a matter of law, the court was required to dismiss that charge,” Judge Hein said.

Quigley stressed in her closing argument the victim advised the jury of the acts Sutherland allegedly partook in were a form of conduct not just contact.

“She tells you they are in the bedroom and the door is locked. She asked him to stop. She tells you ‘I don’t like it. I told him to stop,’ and he doesn’t until the kids knock on the door,” Quigley said.

Quigley advised the jury there was no evidence the victim was exposed to any sexual content prior to the incidents.

The defense attorney, Mark Wieczorek, brought up the lack of physical evidence against Sutherland, as the DNA swabs from the victim were not tested. He claimed the state only brought forth allegations against his client and advised the jury to think with their brains and not their hearts.

“A mere allegation with nothing more. Nothing. The state says they don’t have DNA, but it seems to me that they have….

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