Wolaver told David R. Hawkins, 22, that he picked “one of the most vulnerable victims a person can ever commit a crime against.”
Hawkins, who pleaded guilty April 25 in a deal with prosecutors that dismissed a rape charge, also must register as a Tier III sexual offender for the rest of his life, be on post-release control for five years and pay court costs.
Hawkins muttered obscenities after he was sentenced and was handcuffed by a Greene County Sheriff’s Deputy.
Hawkins’ attorney, Arthur Ames, said that the girl misrepresented her age online, appears older than she is, and that drinking and sexual activity Dec. 27 in the first incident and Dec. 31 at a Xenia motel happened by mutual consent. Ames also alleged that the girl had prior “experiences” in recommending community control for Hawkins.
Hawkins told Wolaver: “Your honor, I made a mistake, and I really don’t want to pay for that with prison time. I’m currently working doing construction, roofing and I have plans of going back to school in the fall.”
Greene County Assistant Prosecuting Attorney Nicole Burke did not make a statement. But the victim’s mother read a statement to the court: “My daughter made a mistake by lying about her age on Facebook. She made an even bigger mistake by meeting up with a grown man. She’s paying dearly for her actions.
“She’s experienced a rape kit, jail time, ridicule from classmates, being called names on the street and loss of friends. She’s a child. Children make mistakes. At the end of the day, David Hawkins is an adult. Not for one second do I believe Mr. Hawkins thought my 12-year-old daughter was old enough to take to a hotel room, give her alcohol and have sex with her.”
The girl’s mother reported her missing Dec. 30 and later told police she thought her daughter was at the Knights Inn.
Xenia police dispatched three officers and later a detective to the location and found Hawkins’ vehicle there and confirmed that he rented a room.
The girl first was uncooperative and then told officers she had sex with Hawkins, who was then arrested. Police obtained a search warrant to seize property, including an open bottle of rum, a marijuana pipe, condoms, clothes, bedding and other items.
Ohio law states no one younger than the age of 13 can give consent to sexual activity.
“I think the reason that the legislature and this community considers these offenses so serious and so important is that taking advantage of someone, regardless of who that person is who is age 12, is just dead wrong,” Wolaver said.
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