A former Hempfield man pleaded guilty Tuesday to lesser offenses after prosecutors agreed to dismiss rape charges in connection with an alleged sexual assault in October 2017.
Harold M. Franks, 37, now of Washington Township, was charged after a bloodied and bruised woman appeared at a Greensburg police station, partially undressed, and claimed she was sexually assaulted.
Police said the woman contended she and Franks argued and that he assaulted her, dragged her into a bedroom and forced her to perform a sex act before he raped her. She later refused to testify against Franks, claimed she was drunk, was never raped or assaulted and that the sexual activity was consensual.
A three-judge panel of the state’s Superior Court in October overturned a ruling from Westmoreland County Common Pleas Court Judge Tim Krieger last year that barred prosecutors from using statements the woman gave to police and medical personal implicating Franks in the alleged assault.
In court on Tuesday, Franks pleaded guilty to misdemeanor counts of unlawful restraint and simple assault. Prosecutors dismissed felony counts of rape, sexual assault, strangulation and involuntary deviate sexual intercourse.
Krieger sentenced Franks to serve 10 to 23 months in jail. He was given credit for time served and immediately paroled. He was ordered to serve an additional year on probation, including four months on house arrest. Franks was barred from consuming alcohol or possessing guns during his probation and was ordered to have no abusive contact with the woman.
Last May, Franks pleaded guilty to a lesser assault charge in connection with allegations he attacked the same woman in June 2018. In that case, prosecutors dismissed charges of strangulation and terroristic threats. He pleaded guilty to simple assault and was sentenced to 251 days in jail he previously served and was paroled.
