COMMON PLEAS COURT Judge gives man four years for rape

The mother said the crime changed the victim's temperament and personality.
By SARAH POULTON
VINDICATOR STAFF WRITER
YOUNGSTOWN -- A city man has been sentenced to four years in prison for the rape of a 17-year-old Mahoning County girl in 2003.
Judge John M. Durkin of Mahoning County Common Pleas Court ordered Daniel Daviduk, 28, of East Florida Street, to serve his sentence in Lorain Correctional Institution with no chance of early dismissal.
Upon release, Daviduk will be under the supervision of Community Corrections Association. If he violates any terms of parole, he could face up to two additional years in prison.
Daviduk pleaded guilty to rape, a first-degree felony, April 12. In exchange, prosecutors dismissed a charge of attempted gross sexual imposition. He also received credit for serving 11/2 years in jail before sentencing, and is to have no contact with the victim while under the state's watch.
Daviduk also must register as a sex offender within five days of leaving prison. He must report to the sheriff's office each year for 10 years. If he relocates to another county or state, he must register with that sheriff's department 20 days before moving.
Assistant Prosecutor Dawn Krueger said that on Aug. 24, 2003, Daviduk and the victim were at a mutual friend's graduation party. A stranger to the victim, Daviduk was intoxicated and forced her into the bathroom and raped her, Krueger said.
Daviduk then jumped out of a third-floor window and wrecked his car as he was trying to escape.
The victim's response
The victim and her mother were given the chance to speak Friday before the sentence was pronounced. The victim was about to begin her senior year of high school at the time of the rape. Now 20, she said what happened to her cost her that year and will affect the rest of her life.
"It ruined my senior year," the victim said. "I lost all my friendships, and I have nightmares. He threatened to kill me."
The victim's mother said that she feels horrible for what happened to her daughter, and as a mother, she said that she wished they could trade places so her daughter doesn't have to endure the pain any longer.
"Her temperament and personality have totally changed," the victim's mother said. "She was my little girl and I lost her that day."
Judge Durkin said he could see the crime was still fresh in the victim's mind after three years. "I only hope that with additional time, some way, through the grace of God, and counseling, you can become what you once were. Nothing I can do today can help that."
Defense Attorney Lou DeFabio said that since the sentencing occurred three years after the offense, he got the opportunity to know Daviduk well. He said that by pleading guilty, Daviduk took responsibility for his actions and kept the victim from having to testify in open court. DeFabio also mentioned that Daviduk was a married man and the father of five children.
"He was drunk that night ... not an excuse, but that clouded his judgment," DeFabio said. "Knowing he was going to prison, he worked extra to put some money away for his family."
Judge Durkin said that alcohol and drugs are no excuse for such conduct, but acknowledged Daviduk's plea is acceptance of responsibility and makes things easier for the victim. He also said that prison was the only sentence that would be appropriate for the crime.
"The days, the weeks, the months and the years you spend in prison will seem like a lifetime to you," Judge Durkin said. "The pain you will endure because of the pain you inflicted on this young lady will somehow even out."
spoulton@vindy.com