Folta

HOLLIDAYSBURG — The city man who was accused of raping a female friend visiting him to help him study was sentenced to four years’ probation after pleading guilty to two lesser misdemeanor charges on Friday.

Thirty-year-old Fredrick John Folta III, who also goes by Theo Otis, was originally charged with felony counts of rape and sexual assault, a misdemeanor count of simple assault and a summary count of harassment.

Folta pleaded guilty to the single misdemeanor count of simple assault and the single summary count of harassment, which was amended to be a misdemeanor. In exchange, he was sentenced to four years’ probation, with the other charges against him dismissed.

The victim told the court that what happened to her was more traumatizing than complications she had from brain surgery. She said Folta told her he wanted to go by a different name because he didn’t want to be like his parents, but he was “just a monster” with a mask.

“I came over to help you study and you raped me,” the victim said. “You said I didn’t say ‘no’ aggressively enough.”

The victim then told Folta that she hated him and wished he was getting jail time.

Following her statement, presiding Judge Jackie Atherton Bernard said one of the court’s concerns was the victim’s approval of the plea agreement, saying she was told the victim was comfortable with it.

The victim said she suffered from three rare conditions and couldn’t go through the stress of testifying at a trial. She confirmed that the agreement would be in her best interest, as Folta would be under constant supervision and be required to register under Megan’s Law.

Bernard then addressed Folta, saying she hoped he realized what it took for the victim to come to the courthouse and speak in a room full of people.

Defense attorney Morgan Menard, on behalf of Thomas Dickey, said Folta was pleading guilty and taking responsibility for committing the crime.

When given the opportunity to speak, Folta apologized “for any harm done.”

The charges were brought against Folta by state police at Hollidaysburg following a yearslong investigation into a report of sexual assault made in September 2019.

Officers were contacted by the victim, who said she had been assaulted by Folta at a residence in Frankstown Township. The victim told police she was helping Folta study and admitted the two engaged in consensual sex, according to the affidavit of probable cause.

The victim said, as she was getting dressed, Folta forced himself on her, despite being told numerous times to stop. The victim told officers she later spoke to Folta, who admitted to raping her. She said Folta told her “it wasn’t meant to be rape and you didn’t say ‘no’ aggressively enough,” the affidavit states.

Officers reported Folta said the assault “was a misunderstanding” and what he did “by definition was rape.”

Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.