COURTHOUSE – A Lower Providence man faces up to 15 years in prison for his ‘horrific’ crime, the sexual assault of a 19-year-old mentally disabled man who had been in his company in the township.
Shawn Charles Stankina, 31, of Long Meadow Road, formerly of Birdsboro, Berks County, was sentenced in Montgomery County Court on Friday to 7 1/2 to 15 years in state prison and 20 years’ probation on charges of rape of a mentally disabled person, involuntary deviate sexual intercourse with a person with a mental disability and indecent assault of a person with a mental disability in connection with incidents that occurred while the victim was in his company at various times between 2008 and 2009.
Judge Joseph A. Smyth, who convicted Stankina of the charges during a non-jury trial in February, also ordered Stankina to take part in a community-based sex offender treatment program when he’s released from prison and to undergo regular polygraph exams to ensure the safety of the community.
With the conviction, the judge determined Stankina illegally engaged in sexual activity with a person who suffered from a mental disability that rendered him incapable of consenting to sex.
The judge acquitted Stankina of charges he forcibly sexually assaulted the mentally disabled man.
At the time of the assaults, the victim was functioning intellectually and emotionally at the level of a 10-year-old, according to testimony.
Assistant District Attorney Matthew Quigg sought a lengthy state prison sentence against Stankina, arguing Stankina exploited the victim’s intellectual disability for his sexual gratification.
‘This is one of the most horrific crimes that you can have. The defendant was in a position of trust with the victim and he exploited that trust and he stole (the victim’s) innocence,’ Quigg argued. ‘It doesn’t get worse than this.’
The victim, now 22, was in court surrounded by loving family members who testified on his behalf about the impact of the crime.
‘It changed every aspect of his life and because of his disability it is difficult for him to process the horrific events that happened to him,’ the victim’s aunt told the judge, adding the victim has suffered flashbacks of the assaults, aggression, nightmares, panic attacks, anxiety, depression, thoughts of suicide and hospitalizations. ‘(The victim) used to be a happy-go-lucky young man. He has lost that. We have lost that. He lost himself.’
The victim’s sister said Stankina’s ‘disgusting actions’ destroyed her family.
‘Unfortunately, my happy little brother with the contagious smile is gone and I will never get him back,’ the victim’s sister told the judge.
Defense lawyer Tracey Potere, assisted by defense lawyer Basil Beck who represented Stankina at trial, argued for leniency on behalf of Stankina, claiming psychological evaluations indicated he was a low risk of recidivism and that he was amenable to treatment. Potere implied Stankina suffered from Attention Deficit Disorder and was struggling with problems associated with it and depression at the time he committed the assaults.
‘What he did was horrific but he is truly, truly sorry,’ Potere said. ‘He is remorseful.’
Stankina, the father of two toddler children, apologized for his conduct, claiming it was an ‘isolated, regretful decision that will never be duplicated.’ He claimed he never meant to harm anyone.
Stankina’s parents, Russell and Frances, and his three brothers, described Stankina as a ‘trustworthy, hardworking, caring’ man who loved his children and they pleaded for leniency on behalf of Stankina.
Stankina was evaluated by the Pennsylvania Sexual Offender Assessment Board, which determined he did not meet criteria under the state’s Megan’s Law to be declared a predator. However, Stankina still will have to report his address to state police for the rest of his life as a result of the conviction.
During the trial, Quigg alleged Stankina, who previously resided on West First Street in Birdsboro, took advantage of a mentally handicapped man and knew that the victim was easily manipulated into doing what he wanted.
But Beck argued the case involved two adult males who were having consensual sexual relations and that Stankina at no time engaged in any illegal conduct.
An investigation of Stankina began in December 2009 when doctors from The Children’s Hospital of Philadelphia notified police that the mentally disabled man confided to medical officials that he had been sexually assaulted by Stankina at locations in Lower Providence.
When police interviewed Stankina about the allegations he confessed to the conduct, the arrest affidavit alleged.
After the sexual assaults, Stankina told the victim that the victim couldn’t tell anyone about the sex ‘because if he did they would not be allowed to hang out anymore,’ according to the criminal complaint.
Follow Carl Hessler Jr. on Twitter @MontcoCourtNews
