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Milroy man pleads guilty to disorderly conduct

LEWISTOWN — Jon Bowersox, of Milroy, pleaded guilty Wednesday to disorderly conduct, an amended charge to the original case filed in February.

Bowersox, 56, was initially charged with forcible rape, sexual assault and two counts indecent assault after a female victim reported to police that Bowersox had raped her repeatedly over a seven month period.

Bowersox was scheduled for trial on Nov. 19, during which his attorney, Karen Muir, presented a pre-trial motion to challenge the credibility of the victim. The motion stated that a third party witness would testify that the victim was having an extramarital affair which preceded the rape allegation.

The defense argued that offering such testimony could be construed as violating section 3104 of the criminal code, often referred to as the “rape shield statute.” Muir stated in the motion that prior case law “does not prohibit the admission of relevant evidence which may (absolve) a defendant” and that the statute “must yield to a defendant’s constitutional right to challenge the credibility of a witness and … allow a jury to make a fair determination of the defendant’s guilt or innocence.”

Section 3104 of the criminal code stipulates that “evidence of specific instances of the alleged victim’s past sexual conduct … and reputation evidence of the alleged victim’s past sexual conduct shall not be admissible in prosecutions” of sex offenses.

The Deputy Pennsylvania Attorney General prosecuting the case requested the motion be heard in a confidential setting, to which Muir and Bowersox agreed.

Ultimately, Judge Aaron Gingrich issued an order granting the defense’s motion, prompting the Commonwealth to amend the charges and accept Bowersox’s plea.

Gingrich sentenced Bowersox to 12 months probation and financial responsibility to pay the costs of prosecution and a $300 fine. Furthermore, Bowersox is not to have any contact with the victim, either directly or via a third-party.

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