Manchester man guilty of second-degree rape

September 16, 1992|By Traci A. Johnson | Traci A. Johnson,Staff Writer

WESTMINSTER -- A 22-year-old Manchester man was found guilty yesterday of second-degree rape for having sex two years ago with a 13-year-old girl who later had his child.

In a plea bargain with the state, Scott Daniel Timberman, of the 3200 block of Main St., pleaded not guilty to the felony charge but agreed to allow prosecutors to read a statement of facts at his trial.

Two other charges -- a third-degree sexual offense and a battery charge -- were dropped in the plea bargain.

Prosecutors said Timberman had sexual intercourse with the girl in a vehicle parked in a garage off Long Lane in July 1990.

About seven months later, prosecutors said, the girl discovered she was pregnant.

She gave birth in May 1991 to a baby girl who later was confirmed to be Timberman's daughter through paternity tests.

"He didn't think that she was a young as she was. He should have inquired, but he didn't," said Ralph T. Ubersax, Timberman's defense lawyer.

"But no one acted unwillingly in this situation."

Mr. Ubersax told the court that Timberman is studying to become an emergency services technician at Carroll Community College and pumps gas at a local filling station to provide financial support for his daughter, who now is 16 months old.

Circuit Judge Francis Arnold sentenced Timberman to a three-year suspended sentence and supervised probation, and 200 hours of community service.

He also must pay court costs.

Timberman stood with his hands clasped behind him and thanked the judge in a low voice before following Mr. Ubersax out of the courtroom.

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