Appeals court upholds sentence of rapist recorded on Snapchat

TOLEDO - The Ohio Sixth District Court of Appeals on Friday affirmed the five-year prison sentence of a Marblehead man who pleaded guilty to rape in which a video of the assault was recorded by the victim and shared on the social media application Snapchat.

James D. Allen, 78, had appealed the sentence, contending that he believed he was eligible for release after serving three years.

Rapist recorded on Snapchat sentenced to prison

That will not happen as Appeals Court Judges Tomas Osowik, James Jensen and Christine Mayle affirmed the sentence imposed in January by Ottawa County Common Pleas Court Judge Bruce Winters.

Appeals court hears Snapchat rape case

The rapist's case was heard by the three-judge panel in June in Sandusky County Common Pleas Court as part of the appeals court's outreach program.

Allen argued in his appeal that the trial court erred during the hearing, implying that the suspect could be released after serving three years in prison while negotiating a plea.

"It is well-settled law in Ohio that a no-contest or guilty plea in a criminal trial must be made knowingly, intelligently and voluntarily," Jensen said in the ruling. "We note that appellant did not object, challenge or seek to withdraw his plea prior to being sentenced."

The ruling states the trial court complied with the law regarding Allen's sentencing and that he faced a maximum sentence of 11 years for pleading to a first-degree felony. The appeals court said Allen's sentence fell within the parameters for a first-degree felony. 

Allen pleaded guilty in October 2017 to first-degree felony rape and admitted to the incident, including providing alcohol to the then-20-year-old victim, substantially impairing her ability to consent.

Allen claimed in court that because he also consumed a lot of alcohol, he did not remember everything that happened, but said he later saw the video. He said he was not aware at the time that it was being recorded.

“Once I was shown the video by my attorney, I realized that it was completely true,” Allen said at his sentencing. “At that point, I took full responsibility for my actions and I still do. There’s no doubt in my mind that I committed a crime against (the victim) and there’s no justification for it.”

In the appeal filing, Allen's attorney, Russ Leffler of Norwalk, said the suspect was never informed that he would not be eligible for early release.

Barbara Rivas, who argued the case for the state, said Allen's plea did not hinge on early release from prison.

"He pleaded because he did not want the victim to go through a trial," Rivas said in June.

cshoup@gannett.com

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Twitter: @CraigShoupNH