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W.Va. man gets year in county sexual assault

September 11, 2000

W.Va. man gets year in county sexual assault



By MARLO BARNHART / Staff Writer


A Berkeley Springs, W.Va., man, convicted of second-degree assault in May, was sentenced in Washington County Circuit Court Monday to serve one year in jail.

Circuit Judge Frederick Wright also ordered Alan A. Moser, 51, to pay $5,200 in restitution to the victim, according to court records. He was placed on probation for three years.

A Washington County Circuit jury deliberated three hours on May 31 after a two-day trial that included testimony from the victim, who said Moser forced her to have sexual intercourse on April 24, 1999, in her Boonsboro home.

Moser, a former Boonsboro resident, took the stand in his own defense and testified that the sexual contact was consensual.

There was little conflicting testimony that Moser, the victim's husband and the victim had all been drinking alcohol that night in varying amounts.

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The victim's husband testified he and Moser had consumed two bottles of spiced rum at their respective homes in the Boonsboro area and then had several whiskey and cokes at the Starlight in Funkstown until they were thrown out.

While the victim's husband drove around Washington County to avoid going home drunk, Moser went to the victim's house where the sexual contact occurred.

He testified he was invited.

The victim said she called Moser's home looking for her husband that night and Moser showed up at her home five or 10 minutes later.

Originally charged with second-degree rape and a fourth-degree sex offense, Moser was found guilty only of second-degree assault by the jury of nine men and three women.

Moser's attorney was Matthew Leefer. Assistant Washington County State's Attorney Arthur Rozes was the prosecutor.

The maximum possible penalty for a second-degree assault conviction is 10 years in prison.

Wright imposed a three-year sentence but suspended all but the one year.

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