Man gets probation in sex assault of girl

LANCASTER - A College of Charleston honor student was sentenced to probation Tuesday after pleading guilty to sexually assaulting a 15-year-old Lancaster County girl he met on the Internet.

Daniel Davis, 24, of Goose Creek, was originally charged with criminal sexual conduct with a minor, but he pleaded guilty to assault and battery of a high and aggravated nature as part of an agreement with prosecutors. In return, prosecutors recommended probation.

A decision on whether Davis should be required to enroll as a sex offender was left to the judge, who will decide after a doctor hired by the state completes a psychiatric evaluation. Davis had faced up to 10 years in prison on the original charge.

The charge stemmed from a January 2003 incident in which Davis drove three hours from Charleston and climbed through the girl's bedroom window around midnight, prosecutor Tom Holland said. The girl, who thought Davis just wanted to talk, had given him her address and let him in, Holland said.

Holland said the girl told Davis she just wanted to kiss, but he sexually assaulted her, then left. The girl then told her mother, who alerted police.

Holland said Davis met the girl by searching Yahoo Web site profiles for girls ages 15 to 19. Davis chatted with the girl online a couple of times before she gave him her address, Holland said.

The Observer generally does not identify victims of sexual assault or juveniles who are victims of a crime.

The Lancaster case comes at a time when the S.C. Attorney General is pushing a bill to make soliciting a minor over the Internet a crime.

Now, police can't charge someone under state law until sexual contact occurs. Under the proposed law, any attempt to knowingly lure or entice a minor for sex would be a felony punishable by up to 10 years in prison.

Standing before the judge Tuesday, Davis asked Circuit Court Judge Paul Short not to put him on the sex offender's list, which is a lifetime list maintained by the State Law Enforcement Division on the Internet. Davis told the judge he was concerned that being on the list might prevent him from pursuing a career as a physician assistant.

Davis also apologized to the girl's mother, father and stepfather, who were sitting in the courtroom.

"I was wrong," he said. "I'm really sorry I invaded your privacy and disrespected your family, your daughter and you."

Davis' lawyer, public defender Ross Burton, also asked the court for leniency, saying Davis was a promising student with a 3.9 grade point average at the College of Charleston. Davis, who is not taking classes this semester but plans to return, is a senior studying chemistry. He was on the college's dean's list in 2002, prosecutors said.

State Sen. John Kuhn, R-Charleston, also spoke in Davis' defense. Kuhn told the court that a doctor had evaluated Davis and decided it was a "sure bet" that Davis would never commit such a crime again. After speaking, Kuhn left the hearing early and could not be reached for comment Tuesday afternoon.

After the hearing, the girl's parents said they were insulted that Kuhn stood up for Davis. They said their daughter is also an A student who has never been in trouble, and she has had to receive counseling since the incident occurred.

They said she was so traumatized, they had to rearrange her bedroom so she felt comfortable sleeping there again. The Observer is not identifying the family members to protect the girl's identity.

The girl's mother said that before the incident occurred, she frequently asked her daughter about her Internet activity and had warned her to never give her name or address to anyone over the Internet. Now, the girl only uses the Internet for school projects. The mother said parents should work hard to monitor their children's computer use and ask them what they're doing.

"Know who they're talking to," she said.

The girl's father agreed.

"Watch their behavior when you ask them questions," he said. "If they get defensive about it, then that means you need to keep asking."

Internet Child Safety Tips

• Consider keeping the computer in a common area of the house instead of a child's bedroom. Monitor its use.

• Set reasonable rules and guidelines for computer use by your children. Post them near the computer as a reminder.

• Encourage your children to tell you if they receive any information that causes them to feel uncomfortable.

• Remember to spend quality time with your children. Computers and online services should not be used as baby sitters.

• Learn about computers and the services your child uses. Find out what types of information it offers and whether there are ways for parents to block/filter objectionable material.

• Communicate with your children about sexual victimization and potential online danger.

SOURCE: S.C. Attorney General's Office Internet Crimes Against Children Web site: www.sckidsonline.com