The lawyer for a Salem man accused of sexually assaulting a teenage girl told a Westmoreland County jury on Tuesday that alcohol consumed by his client’s accuser renders her an unreliable witness.
Zachary Saflin, 23, is charged with attempted rape, two counts of aggravated indecent assault, false imprisonment, indecent assault and providing alcohol to minors in connection with an incident prosecutors said occurredat a home in Ligonier Township on May 18, 2020.
Defense attorney Ken Noga said during his opening statement at trial that claims made by the now 20-year-old woman cannot be corroborated. He suggested the accusations were made by a teenager inexperienced with the effects of alcohol.
“This case is about consent,” Noga said. “These were young adults at best and children at worst who never before consumed this amount of alcohol. It is your job to decide how or if these things happened.”
Prosecutors said Saflin and his accuser were at an outdoor party with large amounts of alcohol when the woman, who was 18 years old, repeatedly declined sexual overtures from Saflin.
“She has the right to say no,” said Assistant District Attorney Judi Petrush. “Her consent belongs to her and her alone.”
Petrush said Saflin at first groped and attempted sexual relations with his accuser and another girl. When the teen objected, Saflin physically prevented her from exiting a tent and later followed her into another tent, where he again attempted to have sexual relations despite her continued efforts to end the encounter.
A 20-year-old woman described as the accuser’s friend testified the alleged victim was drunk. She initially consented to have sexual relationswith Saflin, but later made it clear she was not a willing participant, she testified.
“It was pretty clear she didn’t want anything to do with sexual intercourse,” she testified.
The prosecution will continue to present evidence when the trial resumes Wednesday.
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