Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, April 16, 1994 TAG: 9404180130
SECTION: CURRENT PAGE: NRV-11 EDITION: NEW RIVER VALLEY
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
Judge R. William Arthur vacated his earlier decision and took the rape charge against Richard Todd Raines under advisement for a year.
Raines testified Friday that while he did not believe he raped the woman, he realizes he has a drinking problem and is attending Alcoholics Anonymous meetings. He also asked for the chance to finish his education.
Raines will have to perform 200 hours of community service under supervised probation and continue attending AA meetings.
The charge will be dismissed if Raines successfully completes the terms of his probation without any further legal trouble.
"Todd, I'm counting on you not to prove me a fool," Arthur told Raines.
Peggy Frank, assistant commonwealth's attorney, wanted the conviction to stand, and asked the judge to impose an appropriate sentence.
Gino Williams, Raines' attorney, argued that the case boiled down to a matter of perceptions between two people who had been drinking.
Raines, 20, was charged last spring after a Radford student told police she was raped as she slept in a friend's room during a party at the Tau Kappa Epsilon house.
The woman, 19, testified in January that she awoke to find Raines having intercourse with her.
The woman said she was a sound sleeper and was shocked to wake up to find her clothes pulled down and the man on top of her. She testified she did not know Raines, a fraternity pledge, and was not aware he had climbed into the loft bed with her.
But Raines, who was being initiated into TKE later the day of the incident, testified that he believed the woman knew he was with her and voluntarily had sex with him.
Raines, a junior from Harrisonburg, said he had climbed into the bed because people were disturbing him as he tried to sleep on the floor. He said the woman stirred from her sleep, and he rubbed her back and asked if she was OK. He said the woman made advances toward him and they began to undress each other.
Raines testified in January he had consumed about 10 beers the night of the party. The woman said she also had been drinking, but was unsure of how much.
"Perhaps these two young people were both telling the truth as they perceived it," Williams said.
Arthur, before announcing his decision to withdraw the guilty finding, said he believed there was enough evidence to convict Raines. But, Arthur said, the court case has gotten the man's attention and it was important that the punishment fit the crime.
Arthur said that the presentence report contained "no negative information of any consequence," except that Raines has petty larceny and destroying private property charges under advisement until 1995 in Montgomery County General District Court. Those charges stemmed from Raines' involvement when his then-roommate allegedly broke into three cars in Blacksburg and stole cassette decks, tapes and tools.
Raines testified his judgment that night was also impaired by drinking too many beers.
"I see that - looking back - when I drink, I'm a totally different person. ... For some reason when I drink alcohol, I get more aggressive.''
Frank, in arguing for a conviction, told Arthur that Raines had not used his first warning responsibly and shouldn't get another.
"The court has given its break to Todd Raines. That's enough. He's had his warning," Frank said.
Raines said he was sorry for any pain the woman and her family have suffered.
"If I could go back to last year and change things I would. ... It was not worth any of this," he said.
by CNB