Posted On:10/07/2010 5:40pm
A 70-pound weight disadvantage rendered a teenage judo player helpless against a U.S. Olympian who allegedly raped her two years ago at a downtown Colorado Springs hotel, prosecutors told a jury that ended Wednesday still deciding the fate of Adler Volmar.
Prosecutors stated during closing arguments in El Paso County court that the 150-pound girl, who was 15 at the time of the Sept. 28, 2008, incident at the Antlers Hilton and now is 17, stood no chance of defending herself against the 220-pound Volmar, a 33-year-old who competed for Haiti at the 1996 Atlanta Games and for the U.S. in 2008 in Beijing.
Volmar is accused of trying to force the girl to perform oral sex on him, and prosecutors argued when she refused, he pushed her on her back on his bed, then raped her, the end to a wild night in which the girl, who wears men’s clothes and claims she’s a lesbian, talked her way into Sodo Night Club, where she had at least six drinks after a judo tournament.
According to prosecutors, the girl, whose identity is being withheld because The Gazette typically doesn’t identify alleged victims of sexual assault, suffered tears and abrasions to her vagina, and she bled for a week after the incident. The girl’s parents have filed a civil lawsuit against Volmar and USA Judo, hoping to recoup expenses for her therapy.
A 2007 Pan American Championships bronze medalist, Volmar couldn’t have not known the girl was underage since he joined her at a Puerto Rico judo tournament when she was 12, prosecutor Melissa Young told a 12-person jury. Young said, “She was a teenager. … She was 15. You call it what you want.”
The fact the girl was “sloppy drunk” is irrelevant, Young said, noting in Volmar’s room, “she’s telling him no. She’s pushing. But what happens? Nothing. It keeps going. … Why not stop? Because the defendant wouldn’t let her.” She added, “Does this sound like an encounter between two (consenting) adults inside a hotel room? Does it sound like that?”
Defense lawyer Harvey Steinberg questioned how intoxicated the girl was, saying she’s “pretty, pretty good at drinking because you’ve been doing it for a long time.” He argued the girl was coherent enough to walk seven blocks from Sodo to the Antlers with Volmar before she showered in Volmar’s room, even though a key to her room was in her pocket.
Steinberg asked the jury why the girl, who didn’t report the incident to police and didn’t go to the hospital until the following morning, flew to Montreal a few days later, then to Thailand, if she was traumatized, as she testified Sept. 29. And he called into question her sexual orientation, reminding the jury she waited until May to tell her parents she’s gay.
If convicted, Volmar faces probable prison time. Steinberg said Volmar “didn’t try to get her drunk, didn’t give her any drinks, didn’t encourage her to drink.” He said the girl was “one thin wall away” from screaming for help, adding “if she didn’t want what took place in that hotel room, there would have been a reaction, there would have been something.”
Jury out on Olympic judo player in rape trial
Woke up in the mortuary
Posted On:10/07/2010 10:40pm
Style: Judo, Sub wrestling
A jury has acquitted a former member of the U.S. Olympic judo team of raping a 15-year-old girl in his downtown Colorado Springs hotel room.
After deliberating for about six hours, the jurors on Wednesday found Adler Volmar not guilty of felony sexual assault of the girl, who was in Colorado Springs to compete in a judo tournament in September 2008.
However, they found him guilty of two misdemeanor counts of having oral sex with a juvenile who was at least 10 years younger. Volmar was 32-years-old when the incident occurred at the Antlers Hilton on Sept. 28, 2008.
Prosecutors charged that Volmar overpowered the girl who had become intoxicated after having at least six drinks at Sodo’s. A witness testified that she snuck into the nightclub through a back door after employees initially turned her away as underage.
Volmar’s defense attorney Harvey Steinberg argued the sex was consensual and that she had sex with him after taking a shower and coming out wearing nothing but a towel. Steinberg could not be reached for comment Thursday.
Steinberg said he was “very happy” with the verdict and his client was “greatly relieved.”
“Any time you walk into a situation where your client is potentially facing spending the rest of his life in prison and the jury convicts him on a misdemeanor — that’s a great result.”
The case grew more complicated about six months ago when the girl declared that she is a lesbian. Wearing men’s clothing, she told the jury she was not interested in having sex with Volmar and did so only when he forced her.
The Gazette, which normally does not identify alleged sex assault victims, is withholding her name.
Senior Deputy District Attorney Shannon Gearhart said consent was an issue in the felony charges because the girl was 15 years old at the time. In cases where the victim is 14 or younger, defendants cannot raise consent as a defense.
However, consent was not a defense on the two misdemeanor charges, she added.
“It was a difficult case,” Gearhart said. “We’re appreciative of the jury taking the time with it.”
Volmar will be required to register as a sex offender as a result of the misdemeanor convictions, Gearhart said. He faces up to two years in the county jail when he is sentenced Feb. 8 by 4th Judicial District Judge David A. Gilbert.
Volmar, who lives in Florida, remains free on bond. He was allowed to return home pending the sentencing hearing. A civil lawsuit the girl and her parents filed against him and her judo team is still pending.
Posted On:10/07/2010 11:13pm
Style: BJJ/ MMA/ MT
It sounds suspect on both ends. I'd hate to be the jury on one of these types of cases. If you get it wrong, you **** up an innocent life.
We've just had a high profile Rugby League star found not guilty in a criminal court of law, the guy had all the feminist journo's condemning him through a thin veil before the trial began, his reputation muddied, his sponsorships pulled, his League career put on hold and his family and life thrown into disarray, not to mention the $200k+ he spent on defence, all on the word of a girl (with mental illness history that included hallucinations) who is protected from perjury charges by law. Every woman who ever knew him said he would never do what this girl claimed he did even while blind drunk, his story was obviously much more believeable than hers as the court found him not guilty, yet he will forever have a question mark over his head. I've even heard people say he was not proven innocent, he was found not guilty and therefore it is likely he did it. It amazes me that the basic tenet of "innocent until proven guilty" is dismissed by commentators so readily in defence of their bias to demonise men.
Apologies for the seemingly male apologist rant, this and another alleged sexual assault has been in our media lately and it tears me up. I hate that in our society I have to think about the motivations of the alleged victim as well as the possibility of the alleged perpetrator's guilt. In a perfect world a victim would point the finger and the perpetrator would be castrated. In a perfect world.
Posted On:10/13/2010 1:12pm
If the girl was 15, how is this not statutory rape?
Posted On:10/13/2010 2:40pm
Originally Posted by Robstafarian
If the girl was 15, how is this not statutory rape?
I was wondering that too...apparently the if you are a 15 year old girl in Colorado, you are able to legally give consent to have sex with an adult?! But not oral apparently.
Posted On:10/14/2010 10:34am
Style: Short Fist Boxing
I would have hated to be on jury duty for that one..
" If one wants to have a friend one must also want to wage war for him: and to wage war one must be capable of being an enemy." - Fr. Nietzsche 'On The Friend' Thus Spake Zarathustra
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