A Bloomington man is facing charges after he allegedly raped a 19-year-old woman with developmental disabilities.
Thomas Pemberton , 54, is charged with rape when the victim is mentally disabled or deficient. Although the incident was reported to police in early August, there was a lengthy police investigation, and a warrant was not issued for Pemberton’s arrest until January 5. Pemberton turned himself in at the Monroe County Jail on January 9. He posted $2,500 bond and was released that day.
The assault allegedly occurred July 30 at Pemberton’s home. The woman filmed the assault on her phone. The video shows Pemberton telling her to touch his genitals, moving her hands onto him and having sex with her, according to court documents.
“The only thing (the victim) is heard saying on the video is ‘uh-huh’ on two occasions,” according to documents.
The woman received a sexual assault examination at the hospital later that day, at which point a report was filed with the Bloomington Police Department. Investigators interviewed her two days later at Susie’s Place, a child advocacy center, “due to her intellectual and developmental disabilities,” according to court documents. In the interview, the woman told investigators the sex had been non-consensual and she had told Pemberton no.
When investigators spoke to Pemberton more than two weeks later, he said the woman showed up at his house on a bicycle unexpectedly and wanted to have sex with him. Pemberton said he had known the woman for several years and had spent time alone with her in the past. However, he denied knowing that she had any type of developmental disability, although he acknowledged that she had a speech impediment.
He said he didn’t know her phone number, where she lived or even her last name, according to court documents. The woman lives in a group home, doesn’t drive, doesn’t have a job and is under continued supervision, according documents.
She has “mild to moderate cognitive deficits and is diagnosed as being disabled,” according to court documents.
“(The victim) has poor capacity for self-protective boundaries and does not have the ability to give consent,” according to court documents.
Under Indiana law, people with significant developmental disabilities cannot give consent.
Pemberton waived his initial hearing. He has a pretrial conference scheduled for March.
Taylor Telford
