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HOLLIDAYSBURG -- A Claysburg man accused last year of raping a woman with whom he was residing has pleaded guilty to sexual assault for a sentence of eight to 24 months, followed by eight years' probation.
Because Herbert Lee Shank, 41, has been in the Blair County Prison since his Aug. 2 arrest, Judge Timothy M. Sullivan deemed Shank eligible for release.
The Blair County Parole and Probation office, on Monday, filed a notice of inmate release in the prothonotary's office.
When Shank was in court on Friday, Assistant District Attorney Julia Wilt told Sullivan that the negotiated plea requires Shank to avoid contact with the victim.
Wilt also said Shank's plea to sexual assault, a second-degree felony, makes him a Tier III sex offender and requires him to regularly register his address with state police for the rest of his life.
Assistant Public Defender Devin Bennetti, who represented Shank in court, advised Sullivan that while current law requires Shank's registration as a sex offender, he is preserving his right to challenge the constitutionality of the requirement.
When Sullivan asked Shank if he was voluntarily entering the guilty plea, Shank said yes.
Sullivan also advised Shank that while on parole and probation, he can have no contact, of any nature, with the victim.
Greenfield Township police said the woman told them the incident occurred around July 24, 2022, when she was awakened to Shank removing her clothes and having sex. The woman said she told Shank to "get" and he left the room.
The woman told police she was examined at UPMC Bedford on July 26 for pain in her abdomen and knee. Shank's criminal charges indicate that bruising was noted on both sides of her legs.
Mirror Staff Writer Kay Stephens is at 814-946-7456.