A Marietta man pleaded guilty Tuesday in Washington County Common Pleas Court to performing sexual acts on his stepson's girlfriend against her will, less then two months after he finished a prison sentence for another sex crime.
Timothy J. Seevers, 41, pleaded guilty to sexual battery, a third-degree felony.
According to Washington County Prosecutor Jim Schneider, Seevers was living at the same Ward Street home as his stepson and stepson's girlfriend, who was 19 at the time of the crime.
"The girlfriend was at work that day and Seevers and his stepson were going to get the girlfriend when they were stopped by the Ohio State Highway Patrol and (the stepson) was arrested for driving on a suspended license," said Schneider.
The girlfriend stayed on the couch of the Ward Street residence that night and awoke to find her pants had been removed and Seevers was performing a sexual act on her, said Schneider.
Seevers soon fled the state and was later arrested in West Virginia with his juvenile son, of whom he was not the custodial parent.
He initially denied having any type of sexual contact with the woman, but Seevers' DNA was later matched to saliva gathered during the woman's rape kit, said Schneider.
Seevers was eventually charged with a first-degree felony count of rape, a third-degree felony count of sexual battery, and a fifth-degree felony count of interference with custody.
Seevers was also charged with a third-degree felony count of failing to register a change of address. He is currently a tier 2 sexual offender for a 2010 conviction in Washington County of gross sexual imposition, during which he involved two juveniles in sexual acts.
The rape, custody interference and failure to report charges against Seevers were dropped Tuesday in exchange for Seevers' guilty plea on the sexual battery charge.
Because he was on post-release control for a different felony sexual conviction at the time, Seevers faces nearly 10 years in prison on the charge.
"Under the sentencing statute, the most you can get is five years in prison. But you were on post-release control at the time of this offense, so if you are found guilty I have to add one year or however much time is left on your post-release control, whichever is greater," explained Washington County Common Pleas Court Judge Ed Lane.
Seevers had been released from prison on a previous gross sexual imposition charge approximately a month and a half before the crime, said Schneider.
He had 4 years, 10 months, and four days left on his supervision and could therefore face a total of 9 years, 10 months and four days in prison, said Lane.
Lane noted that he has the option to sentence Seevers to community control sanctions for the crime but there is a presumption of a prison sentence in the case, he said.
Seevers will also be required to register as a tier three sexual offender, which has lifetime reporting duties.
Seevers' attorney, Rolf Baumgartel, requested that Seevers be advanced to sentencing as soon as possible
Lane said he would schedule sentencing once Seevers had undergone a pre-sentence investigation and once the victim could be notified of the sentencing date.