Shafer testified during his two-day trial that on the three occasions he was with the Deerfield Twp. girl — who told him she was 17 years old — and they had sex. On the night in question, he said having sex was her idea.
“She said she wanted to have sex,” he said. “She took me into her room. I sat down on her bed and she got on top of me and started kissing me and it went from there.”
The victim testified Shafer accosted her in her bedroom. During testimony she said he threw her down on the bed, pinned her arms down and raped her.
Ellis said in his acquittal motion that a hospital examination showed no signs of sexual abuse and there were no bruises, scrapes or abrasions that would suggest a struggle.
The attorney also argued a Skype message — one Peeler deemed as potentially damning — of a “conversation” the victim had with Shafer’s girlfriend should be considered.
Further, Ellis said the accuser told several people she was 17 years old. He says she brought Shafer into her parent’s homes when she was not permitted to do so. He said she only cried rape when her father questioned her about Shafer being in her bedroom.
Assistant Prosecutor Matt Nolan said he would file a response this week.
“Justice was done and should be upheld,” he said.
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