Wiping back tears and nervously rocking in her chair, Lacey K. Day, of Marietta, received a 24-month prison sentence on Friday for her role in the sexual assault of a teenage girl.
The sentence was handed down by Washington County Common Pleas Court Judge Susan Boyer.
Day, 30, of 728 Mount Tom Road, pleaded guilty to one count of sexual battery, a third-degree felony.
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JASMINE ROGERS The Marietta Times
Lacey Day, left, addresses her attorney Ray Smith during Friday’s sentencing for her involvement in the sexual assault of a 15-year-old girl.
She and her live-in boyfriend, Daniel R. Hess, 45, were arrested March 27 after allegedly assaulting a 15-year-old female family member.
Hess is still awaiting formal charges pending a competency evaluation.
Day, Hess, and the victim all reportedly used alcohol during the encounters, thereby impairing the victim's ability to fend off the assaults, said Boyer.
Before Boyer read the sentence, Day attempted to make a statement but her words were inaudible through her sobs.
According to defense attorney Ray Smith, Day expressed remorse.
"She spends a lot of time crying. She's upset. She doesn't seem to have a lot of fight in her," he said of his client's demeanor.
Day cried throughout the sentencing. Several times she lifted her shackled hands to her face to wipe away tears.
When Boyer asked if she understood the long list of stipulations Day will have to follow as a registered tier two sex offender, Day nodded vigorously and spoke a barely audible "yes."
Day will remain on the registered sex offender list for 25 years.
She has a history of mental health issues and has been in multiple abusive relationships, including her relationship with Hess, asserted Smith.
The defense's request for a 12-month prison sentence was based on the assertion that Day's involvement in the assaults was a result of submission to Hess.
However, according to Assistant Washington County Prosecuting Attorney Kevin Rings Day had said in an earlier interview with prosecutors that she did not consider her relationship with Hess to be submissive.
Initially, Hess caused a stir by alluding to the couple's Wiccan beliefs as justification for their actions.
As it is most widely practiced, the Wiccan religion does not condone sexual abuse or any type of criminal activity.
The couple's religious practices were not referred to in court Friday.
Day will serve her prison sentence in the Ohio Reformatory for Women in Marysville. She will receive credit for 137 days served.
