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Mifflin assault trial begins

Attorneys made opening statements Monday in the Mifflin High School rape case involving two former students, 16-year-old Timothy Armistead and 15-year-old Brandyn Hobbs. State prosecutor Christine Julian says the 16-year-old victim who is developmentally delayed is not able to consent to a sexual activity.

Mr. Hobbs and Mr. Armistead should have been aware of these disabilities. They were or should have been reasonably aware of them and that those would prohibit her from giving any consent or acknowledgement to engage in any sexual activity with these young men. Julian says the prosecution plans to show part of a tape of the assault that will prove that force was used.

But the Defense attorney for Armistead, Gerald Sunbury, says that surveillance video and the tape of the incident show no force or resistance from the victim.

This tape shows no force and again there's an audio present, no sounds. No indication of any physical assault.

Defense attorney for Hobbs, Lisa Pomeroy, says the victim's story has been inconsistent. Pomeroy concluded her statement by asking the court to acquit Hobbs because there is no evidence he was involved in the incident.

Hobbs and Armistead have both been charged with two counts of rape, and one count each of sexual battery and kidnapping. The victim is scheduled to testify today at 1:30. Mandie Trimble, WOSU News .