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Follansbee man found guilty of sexual assault

WELLSBURG — A Brooke County grand jury has found a Follansbee man guilty of second degree sexual assault and attempting to commit first degree sexual abuse.

Another jury in 2014 had delivered the same verdict for Nicholas Varlas, 39, who was accused of sexually assaulting a local woman at his home on Aug. 12, 2012.

The state Supreme Court granted Varlas a retrial after his attorneys argued the victim had been pressured by her estranged boyfriend to file charges against Varlas. The attorneys cited statements by the boyfriend such as, “You need to go to the hospital, and you need to file charges. If you don’t file charges, that just shows me you wanted to have sex with him.”

In his closing statement, attorney Stan Levenson told the jury, “He gave her an ultimatum: It’s either rape or it’s him, and she chose him.”

In his own closing argument, Assistant Brooke County Prosecutor Ryan Weld acknowledged the man’s texts were harsh and contained strong language and were not the way most would use to persuade the victim to report the incident.

But Weld noted the boyfriend testified it was the only way he believed he could convince her. He added evidence presented in the trial included texts exchanged between Varlas and his victim, in which Varlas invited her to participate in sexual acts while the two were at his home, much of the time alone.

Weld noted the victim responded in text with a series of “no’s” and testified she tried to push him off as he attacked her.

Levenson stressed his client has maintained the sex was consensual. He said she had opportunity earlier to leave Varlas’ home, having driven herself, and call 911, but didn’t. He noted she admitted to kissing Varlas goodbye before leaving with friends.

In her testimony, the victim blamed her actions on awkwardness and unfamiliarity with the area where he lived.

Weld said her behavior is supported by testimony by Judy King, a retired psychologist and former director of the Rape and Domestic Violence Information Center in Morgantown.

Weld noted King testified it’s not unusual for a rape victim to be reluctant to confront the rapist because they are deeply humiliated.

Weld said while the victim told police she couldn’t remember details of the incident, Varlas initially lied about having sex with her.

He noted Varlas’ DNA was found in sperm on her clothing.

After being convicted in 2014, Varlas was sentenced to three years in prison and five years of probation and ordered to register as a sexual offender for life.

Levenson said Varlas has served the three years, but Weld said Cuomo, as a new judge for the case, may impose a new sentence.

Cuomo asked the attorneys to submit written arguments on that issue. Pending that and a routine pre-sentence investigation, Varlas is slated to return for sentencing on a date to be announced.

(Scott can be contacted at wscott@heraldstaronline.com.)

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