Convicted sex offender accused of attack - FOX 10 News | fox10phoenix.com

Convicted sex offender accused of attack

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(WJBK) - A convicted sex offender is back behind bars on charges he sexually assaulted his cousin's wife. Fox 2 has looked at his criminal past and it turns out he should have never been out on the streets.

One of the suspect's previous victims shared her story with Fox 2's Taryn Asher.

"This is where we stop at. All of a sudden there is a gun to my side."

The victim did not want to be identified, but she was willing to walk us through her terrifying ordeal, a night in the summer of 2008. She says she was walking to her west-side home when a man with a gun grabbed her, dragged her into a vacant house on Greenlawn and raped her.

"Lost all dignity, lost every ounce of dignity. He had the gun with him. Every time I tried to think of a way to get away it just wasn't happening," she says.

She says she had to think fast. To escape her nightmare she actually had to pretend she was enjoying it.

"I had to make him think that we're on a date. So I kept telling him, 'Oh, you're good,' just trying to hype him hoping he would stop," she says.

Eventually he did and let her go.

The victim says she did everything she needed to do: called police, went to the hospital, got a rape kit and agreed to testify against her attacker, Marcellus Hill.

But something went terribly wrong.

He was only convicted of second-degree assault, and instead of serving five years in prison he served one year in the county jail.

And then, on Tuesday, the 28-year-old allegedly struck again.

He broke into the apartment of a 52-year-old Detroit woman and raped her until a courageous neighbor intervened.

"I was sick. I went and threw up. It just brought back just those bad bad memories, the feeling," she says.

On top of the plea deal where court records show 9 felonies were dismissed to get this 2009 conviction, Hill apparently violated his probation in August of 2012. Instead of receiving jail time the court extended his probation which was set to expire in September.

"The things I described in court were horrific but that was just a slap in the face to me," she says.

First-degree criminal sexual conduct carries a penalty of up to life in prison, so why did Hill get off with basically a slap on the wrist?

A spokesperson with the Wayne County Prosecutor's Office tells Fox 2: "With the crime committed, the probability of going forward and being successful was compromised. This was the best resolution for the case. The prosecution was notified in 2012  when Hill violated his probation and opposed it continuing, but Judge Lawrence Talon decided to extend it."

"I don't think justice was served," she says.

The victim and her family just want to close this chapter. They feel that Wayne County did not.

The prosecutor's office does plan to take a closer look at the case.

Asher says she was assured the lack of the county's manpower to try the cases had nothing to do with this.
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