DuBOIS — DuBois City Police recently filed rape charges against a 33-year-old DuBois man as a result of a Feb. 28 incident in the West Long Avenue area.

Joseph Brian Himes, Franklin Street, DuBois, was charged July 31 with felony counts of rape, forcible compulsion, rape of a mentally disabled person, sexual assault and misdemeanor counts of indecent assault of a person with a mental disability and indecent assault.

The mother of the victim told police that she came home after work and found her daughter’s bedroom door closed, according to the affidavit of probable cause filed at District Judge Patrick Ford’s office in DuBois. When she knocked and tried to open the door, she found it was being held shut and a man was inside with her daughter. The mother used force to open the door and the door jamb was dislodged from the wall.

Once the door was open, a man hurriedly left, but stated his name was Joe. The victim was able to identify the suspect from a Facebook profile named “Joe Wad,” the affidavit said.

The victim told her mother that she had sex, but she didn’t want to. The victim subsequently told the police she had sex.

The victim was transported to the Penn Highlands Healthcare DuBois emergency room for a medical evaluation and a sexual assault examination by a SANE (Sexual Assault Nurse Examiner) nurse, the affidavit said. The exam indicated that the victim sustained internal trauma. DNA tests were also taken and included with the Sexual Assault Collection Kit that was sent to the Erie Regional Crime Lab for analysis.

A forensic interview with the victim was completed at the Child Advocacy Center of Clearfield County on March 7, the affidavit said. During the interview, the victim said the sexual encounter was not consensual and that she was an unwilling participant. The forensic interviewer determined that the victim was not capable of consenting to the sexual encounter even if there was consent at the time of the assault. Further assessments of the victim indicated that she was intellectually disabled and had a low IQ.

When interviewed by the police, Himes allegedly admitted to owning the profile of “Joe Wad” and said its profile picture was that of himself. He also admitted to knowing the victim and to being in the victim’s room on the day in question, the affidavit said. He denied any sexual contact with the victim, however. When asked if he had sex with the victim, he responded, “No, it would be wrong,” the affidavit said. When asked what he meant, Himes told the police because of her mental problems, the affidavit said.

Himes willingly provided a DNA sample, which was analyzed and compared to the DNA sample collected in the sexual assault collection kit by the Pennsylvania State Police DNA Lab in Greensburg, the affidavit said. The report concluded that “Himes, nor any of his paternally related male relatives, can be excluded as a contributor” of the DNA sample from the sexual assault collection kit, according to the affidavit.

His preliminary hearing is scheduled for 10 a.m. Friday at Ford’s office. He is being held in lieu of $50,000 monetary bail.

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