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LISBON -- An East Liverpool man originally charged with rape for sexually assaulting a teenager received the maximum sentence of five years in prison Friday for unlawful sexual conduct with a minor.
John Deem, 30, Ray Street, appeared for sentencing accompanied by his defense attorney Sean Logue, who asked the court to consider a sentence less than the maximum.
"He took the plea. He took responsibility," Logue said.
Columbiana County Common Pleas Court Judge Megan Bickerton, though, agreed with the state's recommendation for the maximum penalty allowable for the third-degree felony charge. She gave Deem credit for two days served and designated him a Tier II sex offender, meaning he'll have to register his address with the sheriff's office in the county where he resides for the next 25 years.
Deem was indicted last year for rape, a first-degree felony, unlawful sexual conduct with a minor, a third-degree felony, and gross sexual imposition, a fourth-degree felony.
According to the indictment, all the charges covered the time period from Aug. 1, 2020 to May 31, 2021 and started when the child was 14 years old and ended when the child was 15 years old, involving sexual conduct and sexual contact by force or threat of force.
County Assistant Prosecutor Tammie Riley Jones explained that the plea agreement was reached after extensive discussions, including with the victim, who's now 18 years old, and her guardian. She said the state was opposed to community control and cited recidivism factors and the seriousness of the crime as reasons to recommend the maximum sentence of five years.
"We strive to find justice for the victim without further traumatizing them," she said.
The overall goal was to bring closure for the victim and have the defendant admit his conduct, which the plea agreement did. The victim did not address the court and left the courtroom part way through the hearing.
"The psychological impact on this victim has been significant," Jones said.
Deem's mother told the judge how her son witnessed his own father take his life on a Christmas Day and that her son has tried to commit suicide.
Logue said his client was very sorry for his actions and told the court the community could be kept safe by having the sex offender registration for 25 years as a constant reminder to him.
He added, "this was a serious offense and he's taking responsibility for his actions."
According to Logue, there were significant mitigating factors to consider, including the suicide of Deem's father. He didn't think the maximum on this offense was appropriate.
"I understand you have had some serious trauma in your life and I'm sorry for that," Bickerton said, noting that a lot of people who have come into her courtroom have experienced trauma. "The victim in this case is a victim of trauma because of what happened to her."
She talked about the innocence robbed of a young child by Deem.
"Your trauma does not give you the right to cause trauma to others," Bickerton said.
During her discussion with the defendant, she said what stood out on the pre-sentence investigation report was the medication he's on and what can happen. She asked him if he's in counseling, learning that he had some counseling, but wasn't going currently. She also talked about his past felony record contributing to the recidivism factor.
After sentencing him, she offered some advice about taking advantage of the programming available in prison, for mental health treatment and for sex offender programming.
"I challenge you to make yourself better," Bickerton said. "You want to be better coming out?" "Yes ma'am," he quietly replied. He didn't address the court when given the opportunity.
After the hearing, Jones spoke briefly about the plea deal and the idea of bringing closure to the victim and acknowledgment of wrongdoing on the part of the defendant.
"The victim was satisfied with the resolution of the case," she said.
Jones thanked the East Liverpool Police Department, Columbiana County Children Services and the Child Advocacy Center "for their assistance in the successful prosecution of this matter."
County Assistant Prosecutor Steve Yacovone also represented the state in this case. Deem was taken into custody immediately after the hearing. He had been free on bond.
mgreier@mojonews.com