Trial to start for residence care worker accused of raping disabled girl

CINCINNATI (WXIX) – The jury trial is predicted to start this week for a house care worker accused of raping a disabled girl in a Cleves residence.

Mark Gaspar, 67, of Hamilton was indicted in November 2019 on seven counts of rape from November 2017 to about July 2018.

“A medical skilled discovered (the lady) unable to consent to sexual exercise,” Assistant Prosecutor Elizabeth Polston wrote in a court docket doc referred to as the “Invoice of Particulars.”

Hamilton County Widespread Pleas Courtroom Decide Megan Shanahan is presiding over the trial. Jury choice started Monday.

There’s a civil swimsuit associated to the prison case.

The alleged sufferer and her household filed a negligence lawsuit in January 2020 in opposition to Gaspar and his employer, Interim Healthcare of Cincinnati, Inc. and the Ohio Division of Medicaid, court docket data present.

In Might 2020, Decide Shanahan granted a keep within the civil case pending the end result of Gaspar’s prison trial.

The lawsuit says the sufferer is an incompetent grownup residing along with her dad and mom in Cleves.

Courtroom data allege that between Nov. 1, 2017, to on or about Jan. 28, 2018, “Gaspar purposefully and negligently sexually assaulted (the sufferer) inside or close to the residence…. As a direct and proximate results of Gaspar’s misconduct and negligence, (she) suffered momentary and everlasting bodily and psychiatric accidents; suffered nice humiliation and embarrassment; endured ache and struggling of her thoughts and physique and can proceed to endure such ache and struggling sooner or later; incurred medical payments and can proceed to incur medical payments sooner or later; and, suffered lack of enjoyment of her life.”

The lawsuit says Interim Healthcare negligently employed, skilled and supervised Gaspar.

It additionally states that previous to Nov. 1, 2017, Interim Healthcare knew or ought to have recognized that Gaspar posed a danger of negligently injuring or purposely abusing its purchasers and (the sufferer) particularly. Interim Healthcare negligently retained Gaspar as an worker to look after its purchasers and (the sufferer) particularly.”

The Ohio Division of Medicaid is called as a defendant within the lawsuit as a result of it paid bills incurred by the sufferer and her household.

State officers acknowledge in court docket data the division made funds on behalf of the sufferer and it has a proper of restoration for the prices of medical companies and care supplied to the sufferer.

FOX19 NOW is looking for remark from all events within the civil case. We are going to replace this story as soon as we hear again.

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