Graphic sexual testimony in Steubenville rape trial

11:03 PM, Mar 15, 2013   |    comments
  • Share
  • Print
  • - A A A +

STEUBENVILLE -- Eyewitnesses in the rape trial of two Steubenville High School students gave sexually explicit testimony Friday.

Defendants, 17-year-old Trent Mays and 16-year-old Ma'Lik Richmond face rape charges. They are accused of sexually assaulting an intoxicated 16-year-old girl after a party last summer.

Mark Cole, a friend of the defendants and a high school senior, took the stand Friday. Cole says he was there the night of the alleged sexual assault.

Cole testified that he saw defendant Mays penetrate the victim with his fingers in the back seat of a car. Cole told the court he then took out his phone and started recording.

Cole testified to drinking eight to 10 beers that night in just two hours time. In Cole's basement, the witness testified Mays attempted to force the alleged victim to perform oral sex. When she didn't respond Cole says Mays stopped. At the time, Cole said the girl was on her side on the floor of the basement. She had just thrown up.

Cole testified neither sex act was consensual.

During cross examination, the defense, through questioning, suggested the sex was consensual and argued that the victim was not too intoxicated to decide for herself.

Cole testified he was intimidated by police questioning about that night. He has received immunity from prosecution for his testimony.

After Cole's testimony, the court heard from a second eyewitness.

Evan Westlake, 18, testified he was with the defendants, Mays and Richmond, when the alleged sex assault on the 16-year-old victim took place.

Westlake says he was driving the car when Mays allegedly used his fingers to assault the victim.

Westlake told the court he didn't see what was happening in the backseat but heard Mays laugh and then say to Cole, "get this." Cole had earlier testified he recorded the sex act on his cell phone.

Westlake says he was also in the basement where the prosecutor alleges both defendants sexually assaulted the girl at the same time. Earlier testimony indicated the girl, who was severely intoxicated, was incapacitated at the time.

When asked why he didn't do anything about it the teen responded by saying he didn't expect to see something like that. "It wasn't violent. I didn't know what rape was. I pictured it as forcing yourself on someone," Westlake said.

Through cross examination the defense suggested Westlake didn't do anything about it because in earlier testimony Westlake said he didn't see anything bad. 
 

WKYC-TV

Most Watched Videos