CLEVELAND, Ohio (WOIO) - Attorney Kevin Spellacy has had several cases in recent weeks similar to today’s, where Doctor Kelly Roan was convicted of rape after an allegation by a co-worker.
Spellacy says cases of date rape allegations are growing.
In the Roan case, defense attorney Marcus Sidoti asked for a new trial citing the fact that Roan and the woman continued to text after the event.
Plaintiff: “I just want to talk about what happened the other night."
Defendant: “It’s kind of a blur, but we didn’t do anything.”
Plaintiff: "I know but it’s only because I woke up.”
“It’s a situation where both people indicate they had the relationship. One just says that they didn’t consent.” observed Spellacy.
An important issue is that when the two decided to leave a party on Superior Avenue and go to Roan’s apartment, there was an understanding--it was to talk, no sex.
“It was somebody she thought she could trust. She thought she did everything beforehand to ensure her safety,” Prosecutor Jeffrey Schnatter told Judge Nancy McDonnell.
“She specifically was asked on cross examination if she said anything indicative that she was not desirous of the conduct and she indicated no.” countered Sidoti. The differing views underscore the difficulty in cases like these.
The jury found Roan guilty in only three hours. Roan got three years in prison and will appeal. He was denied an appeal bond and was taken into custody.
Spellacy says it usually boils down to he said-she said, and who is more believable. “Absolutely, I mean it’s two people who have the same event in mind. They just describe it differently.”