Unionville man found guilty of rape, sexual assault

Gary Cain
Gary Cain

The trial for a Unionville man accused of underage sexual assault concluded Wednesday as a jury found him guilty of 24 counts related to the sexual assault of a minor.

Gary L. Cain Jr., 43, was arrested in February after an investigation into allegations that he had sexual contact with the child of a family friend. Police reports indicated the contact had continued from when the child was 12 years old through the age of 16.

The female in the case testified Tuesday to more than a dozen instances of assault in both her home and Cain’s home. Prosecution pointed out that Cain had previously pleaded guilty to counts of statutory sexual assault and indecent assault in two separate cases in 2000.

Cain’s continued to deny the allegations after taking the stand Wednesday, pointing out that it would have been impossible for him to have visited the female during one of the alleged incidents because he was wearing a court-appointed ankle bracelet that limited his movements at the time. He further went on to claim he never had inappropriate contact with the female “at any time, any place or anywhere.”

Furthering the link between Cain’s case and the case against William Beck described by attorney Wayne Bradburn on Tuesday, Cain testified to attending the preliminary hearing for Beck in late June 2016. After the hearing, he claimed the female had been standing by his truck, laughing at him and his family.

Beck briefly appeared as a witness for the defense, but declined to answer any questions after pleading the fifth.

In closing arguments, both attorneys referred to apparent inconsistent statements made by witnesses on both sides.

In his argument, Bradburn reminded the jury of the claims made by the female, noting that the “devil was in the details” and questioned how the alleged assaults could occur in a house where about nine people were living in. He further argued that, logically, the claims didn’t make sense as the female continued to agree to be alone with Cain after having allegedly been assaulted several times.

The claims were not a “figment of her imagination,” Bradburn said, “but are a byproduct of manipulation.”

The prosecution was quick to point out inconsistencies in the defense during closing arguments, adding that while the female was allegedly manipulated into making claims about Cain, Cain was manipulating the girl himself to take advantage of her. The female acted out of fear, the prosecution said, reminding the jury of her emotional testimony the day before.

“There is only one teacher for that kind of shame and fear — experience,” the prosecutor said.

The jury deliberated for about six hours before returning with a verdict. Guilty verdicts were delivered on 23 felony counts, including rape, statutory sexual assault, involuntary deviate sexual intercourse less than 16 years old, unlawful contact with a minor for sexual offenses, criminal attempt of sexual intercourse with a person less than 16 years old, indecent assault of a person less than 13 years old and corruption of minors. A guilty verdict was read on a single misdemeanor count of indecent assault.

Cain could be facing up to 25 years on each felony charge, according to the District Attorney’s Office.

Cain was acquitted on a majority of the charges, as not guilty verdicts were read on 133 separate charges including rape of a child and involuntary deviate sexual intercourse of a child.

Prosecution immediately moved for a revocation of bail, which was granted by presiding Senior Judge David Grine. It’s unknown at this time if Cain would be need to be assessed as a sexually violent predator.

A sentencing date has not yet been set.