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Posted on November 14, 2007 12:56 AM

Man sentenced for rape

In a "split the difference" decision resolving competing requests between the prosecution and defense counsel, 22-year-old Brian Conway was sentenced to three to six years in prison for the 2005 rape of a Penn State student.

Centre County Judge Thomas Kistler said that despite the American University student's exemplary character, Pennsylvania law required him to hand down prison time.

"Of all the sentences I've had today," -- including those of convicted murderer Josephy Ventura and Anthony Torsell, who was convicted of vehicular homicide -- "this, I believe is the most difficult for me," he said.

However, he did grant Conway freedom on bail pending his appeal, much to the joy of his supporters in the audience, who clapped softly and hugged each other upon hearing his decision.

Conway was convicted in late July of rape, sexual assault and aggravated indecent assault of an unconscious person in connection to a sexual encounter in 2005.

The victim, a Penn State freshman at the time, told police she had drank several shots of Southern Comfort whiskey that evening, becoming heavily intoxicated. She passed out and was put to bed and later woke up to find a man on top of her, engaging in sexual intercourse, she said.

Conway has maintained his innocence, saying the woman had been flirting with him and giving him alcohol all evening. Their sexual encounter was consensual, he has said.

"Not then, not now, not ever could I do the things of which I have been accused," he said.

Conway's mother, father and sister all read statements to Kistler, lauding his good qualities and expressing their reprehension at how he has been characterized by the prosecution. His father, Michael, tearfully said his son was "a victim to his own upbringing, faith and trust in others."

The victim was not present, as she is currently studying abroad.



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