Sentencing set for March 3rd.
Frederick, Md (KM) After three and a half hours of deliberation on Monday evening, a jury reached a verdict in the case of Jefferson man. Cody Fowler, 22, was convicted of 2nd-degree rape.
State’s Attorney Charlie Smith says the offense occurred on October. 28th, 2016 at a private party in Jefferson. “The victim had actually become voluntarily intoxicated. She reported having no memory of the event for several hours. She awoke, experienced significant pain and injury to her genitalia. A sexual assault examination, or what we all a SAFE Exam, was done at Frederick Memorial Hospital. It confirmed the injuries were the result of trauma,” he said.
Smith also says forensic tests conducted on Fowler determined that he determined he had sexual contact with the victim, although Fowler denies it.
The Honorable Judge Julia Martz-Fisher revoked bond for Fowler following his conviction, and ordered a pre-sentence investigation. Sentencing is scheduled for March 3rd. Smith says the maximum sentence for 2nd-degree rape is 20 years. “It is a seven to 13-year active incarceration sentence for Mr. Fowler, age 22. I don’t believe he has any prior criminal history, but that will come during his pre-sentence investigation,” he says.
Smith notes this was a difficult case. “This young lady obviously became voluntarily intoxicated. There wasn’t any doubt about that. She testified about that. The jury was aware of that. But she had no memory of the event after that time. And Cody Fowler obviously raped her when she was physically incapable for consenting. She was passed out,” he said.
By Kevin McManus