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September 03, 2010

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Spring City man sentenced to 11 years for raping mentally handicapped man

Last updated: 9:58 AM, 07/08/2010
 



A Spring City man convicted of raping a mentally handicapped man was sentenced last week to 11 years in prison.

Carl Gene Dodd, 40, was found guilty Dec. 13, 1999, of one count of rape for sexually assaulting a 46-year-old man, who is mentally handicapped, on April 2, 1999.

Originally charged with two counts of aggravated rape, a Class A felony, the indictment was amended to two counts of rape, a Class B felony. The trial jury dismissed one of the counts against Dodd in December.

Dodd, who has a lengthy criminal history of sexual assaults, was sentenced under Tennessee's new Violent Offender Act and will have to serve a minimum of 85 percent (nine years and four months) of the sentence. A Class B felony carries a sentencing range of 8-12 years.

Dodd's presentencing report to the Circuit Court Judge Rusty Graham indicated that Dodd was convicted of sexual battery in 1990 and 1994 and also has two other felony convictions on his record. Further, according to Assistant District Attorney Will Dunn, who prosecuted the case, has been accused of sexual assault on several other occasions when the alleged victims have chosen to drop the charges or the grand jury decided not to indict Dodd.

"The presentencing report was just atrocious," Dunn said. "His past record definitely weighed heavily in the judge's sentence."

Assistant Public Defender Jeff Harmon indicated he would appeal the sentence, and Judge Graham ruled during the sentencing hearing held in Bledsoe County that Dodd will be held without bond pending the appeal.

Both Dodd and his wife, Lana, took the stand on his behalf and denied that he raped the victim.

At trial, the defense maintained that Dodd was drunk the night the rape took place and that the victim actually raped him, although Dodd did not testify himself. Tests conducted at Rhea Medical Center found traces of semen in Dodd's underwear.

The victim, who has a mental age of six years, eight months and is a client at Rhea of Sunshine's sheltered workshop for handicapped adults in Dayton, did take the stand during the trial. He said that Dodd sexually assaulted him twice and threatened him not to tell anyone while they were at the Spring City home of the victim's father. He said everyone else was asleep at the time of the assault.

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