By EILEEN MCCLORY
An Arlington man, sentenced to eight years in prison for sexually assaulting a former classmate and friend, has filed an appeal.
Kyle McDowell, 20, was convicted of three counts of rape, one count of gross sexual imposition and one count of kidnapping with a sexual motivation in 2016.
McDowell’s appeal, filed in the 3rd District Court of Appeals, Lima, is 74 pages long.
The document claims legal errors were made, including:
- Hancock County Juvenile Court committed errors in sending the case to common pleas court, violating the defendant’s Sixth Amendment right to a speedy trial. The document alleges some factors were not taken into account when the case was transferred. The victim was 16 at the time of the event and the defendant was 17.
- Testimony from the victim’s boyfriend should have been allowed, to show an alternative source for bruising on the victim’s arms.
- The court should have granted a mistrial after a sheriff’s deputy testified during the trial that McDowell refused to speak to the police.
- The victim had a motive to lie, namely, that she did not want to be in trouble for breaking curfew.
- According to trial testimony, McDowell forced the victim into a basement bedroom, performed oral sex on her and penetrated her with his fingers and penis.
- Afterward, McDowell sent multiple messages via social media and texts to the victim. The messages were forwarded to law enforcement and became evidence at trial.
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