A Knox man will spend 12 years in prison after pleading guilty in a plea agreement to a Level 3 Felony charge of rape.
According to the charging information filed in Starke Circuit Court, Allen had intercourse or sexual conduct with an unconscious woman on the night of Sept. 19, 2018 at his home on Locust Drive in Knox.
The police report detailing the incident stated that the woman was found slumped over the steering wheel in her car and foaming at the mouth, indicating a drug overdose. The paramedics were called to the scene where they could not locate a pulse. The medical responders administered NARCAN and later received a pulse. She was later transported to Memorial Hospital in South Bend.
Upon further investigation, an officer with the Knox City Police Department noticed signs of possible rape as emergency personnel attempted to revive the woman and a rape kit was collected.
Allen was arrested the following day.
In Starke Circuit Court in July, Allen pleaded guilty to rape as a Level 3 Felony, a day before he was to go to trial. A plea agreement was negotiated between his Defense Attorney Timothy Lemon and Special Senior Prosecutor Michael Steiner. It was accepted by Circuit Court Judge Kim Hall during a hearing on Wednesday morning. Per the terms of that agreement, Allen will serve a 12 year sentence in the Indiana Department of Corrections. He will get credit for time served, which on a Level 3 Felony, is one day for every three days of incarceration. He was also ordered pay court costs and have no contact with the victim or the victim’s family during his sentence.
He may petition the court to modify his sentence in the future, but a hearing to present evidence would be held. The State may deny the petition for modification.
The victim’s representative stated that the victim was going to speak during Wednesday morning’s hearing, but changed her mind. The representative stated in open court that her daughter feels shamed and demoralized, and nothing she would have to say would change what happened. The victim sustained life-altering disabilities, both mental and physical, due to this incident, according to the representative. She called Allen a “disgusting human being” and stated that she hopes he “would die” while serving his prison sentence.
No other victim statements were offered.
Allen was allowed to make a statement where he apologized to the victim’s family and his own for the pain that happened. He also stated that he victim needs help for her issues and hopes she finds it.
Judge Hall noted that this is the third trip to prison for Allen, having served time for two separate battery charges resulting in serious bodily injury – one incident involving a police officer. Additionally, Judge Hall stated that this was the third case for which he will serve a prison sentence after harming another person.