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Former Penn State student accused of rape pleads no-contest to lesser charge

July 31, 2008|By DON AINES

CHAMBERSBURG, Pa. -- Two former Penn State Mont Alto students charged with rape appeared Wednesday in Franklin County Court, with one entering a no-contest plea to a lesser charge while the other was placed in a probationary program.

Eddy Jeanpier Barahona, 21, of Ashburn, Va., pleaded no contest to misdemeanor indecent assault before Judge Carol Van Horn, who sentenced him to two years on probation. Van Horn also ordered Barahona to pay a $150 fine, $603 in restitution, undergo a drug and alcohol evaluation and have no contact with either victim in his two criminal cases.

Lambert Lambkuoh Foinchas, 19, of Dumfries, Va., who was charged with raping one of the victims, was placed on the Accelerated Rehabilitative Disposition program for a year, fined $300, ordered not to contact the victim and to undergo a drug and alcohol evaluation.

"Victims are victims, regardless of whether there is alcohol in their systems or not," Van Horn told Barahona. He and the victims being under the influence, she said, "cannot be used as an excuse for any conduct you choose to engage in."

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During Barahona's plea hearing, Assistant District Attorney Angela Krom told Van Horn that the victims, who were also students, had agreed to the disposition of the cases.

Barahona had been charged in two sexual assaults, the first occurring in a bathroom during a November 2007 party in his dormitory room, according to court records. The woman did not report the incident to Pennsylvania State Police for several months, testifying at a May preliminary hearing that she did so only after other students came forward with similar claims.

The second case, in which Foinchas also was charged, occurred in Barahona's room on the night of Feb. 8-9, according to court records. Police interviewed that victim a month later, court documents stated.

The woman took part in a drinking game with the two men, passed out and awoke in Barahona's bed, police said. Foinchas later told her he and Barahona both had sex with her that night, police said.

In both cases, Krom said, the sexual contact took place "after the consumption ... of alcohol by all parties."

In the February case, Foinchas was charged with rape of an unconscious victim, criminal conspiracy to commit rape, sexual assault, criminal conspiracy to commit sexual assault and indecent assault on an unconscious person. His record will be cleared if he successfully completes the ARD program.

Barahona had been charged with two counts of rape of an unconscious person, sexual assault and indecent assault of an unconscious victim, and single counts of criminal conspiracy to commit rape and conspiracy to commit sexual assault in the February case.

The indecent assault charge Barahona pleaded no contest to was from the November case, though all charges in both cases will be dismissed as a result of the plea agreement.

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