Student facing rape allegation

This story has been updated. https://www.upj-advocate.com/news/2016/03/23/past-student-is-not-guilty/

Kaitlin R. Greenockle, News Editor

Pitt-Johnstown police charged student John Henry McGuire, 21, of Landisville, Lancaster County, with rape, sexual assault and aggravated assault.

In a criminal complaint filed March 24 at District Justice John Barron’s office in Stonycreek Township, McGuire also was charged with indecent assault and underage drinking, all Jan. 18 in Maple Hall, according to a criminal complaint.

According to state law, a sexual assault includes non-consensual, unforced sexual intercourse or attempted sexual intercourse.

Rape refers to sexual intercourse or attempted sexual intercourse with a person by force, threat or with a person who is incapable of consent.

Indecent assault is any unwanted sexual contact, including kissing, grabbing or fondling.

The affidavit said the alleged victim had told police that McGuire sent her a text message asking her to hang out, and then went to her room at about 9:30 p.m.

They were watching a movie when McGuire kissed the victim on the mouth. She told McGuire ‘No’, and he continued kissing her, according to an affidavit filed by Campus Police Officer Matthew D. Updyke to support the criminal complaint.

McGuire persisted by removing his and her clothes. The alleged victim reported that she tried to move away, but McGuire was holding her down by the hips, the affidavit said.

The victim reported that McGuire did not use a condom, and a paper towel containing McGuire’s semen was disposed of in her garbage can, according to the affidavit.

After the assault, the victim claimed McGuire said to her, “You’re so sexy. (Do) you mind if I leave?” according to the affidavit.

Officers were able to locate McGuire’s residence, Heather Lodge, and identifed him by finding his driver’s license online. The victim identified him, according to the affidavit.

Officers Tabitha Leary and Updyke collected the paper towel from the garbage can and the victim’s bed linens, blankets and comforters. Leary transported the victim to Conemaugh Memorial Medical Center emergency room for a rape examination, according to the affidavit.

The evidence collected by officers, Emergency Room staff and the rape kit was secured and placed into Pitt-Johnstown police department’s evidence room, the affidavit said.

McGuire was released after posting $5,000 cash, 10 percent of his bail, according to The Tribune-Democrat.

McGuire’s preliminary hearing is scheduled for 1 p.m. April 27 at Barron’s office.

Pitt-Johnstown’s Police Chief Eric Zangaglia said McGuire was escorted off campus Jan. 19.

Student Affairs Vice President Shawn Brooks said in this situation, a counseling center staff member immediately responded, in person, to provide support and explain options to the alleged victim, which is normal protocol for an issue like this.