BRENTWOOD — A 21-year-old man will spend two to four years in prison for assaulting a 13-year-old girl outside the Mall at Rockingham Park in Salem.
Frank DiMauro of 530 Mammoth Road in Dracut was sentenced on second-degree assault and sexual assault charges yesterday in Rockingham Superior Court.
DiMauro had previously agreed to plead guilty for an incident that occurred in January 2011 when he was 20.
He was accused of raping the girl in a car outside the mall and indicted by a grand jury in August on two counts of felonious sexual assault and a single count of aggravated felonious sexual assault.
If convicted at trial, DiMauro faced 10 to 20 years in prison for aggravated felonious sexual assault and three and a half to seven years for felonious sexual assault.
Judge N. William Delker sentenced DiMauro to two to four years in prison for second-degree assault and gave him a suspended one-year sentence for misdemeanor sexual assault.
DiMauro stood before Delker and apologized to the young girl's family sitting in the front row of the courtoom. The victim was not present.
"I do apologize," he said. "I'm really sorry about it."
DiMauro was arrested by Salem police May 4 after the girl told a therapist she had been raped, according to a police affidavit. The state Department of Children Youth and Families then intervened.
The girl said DiMauro, who was a friend, picked up her and two classmates, then drove them to the mall. They smoked marijuana and then walked around inside the mall, she said.
The four returned to the car, where the 13-year-old agreed to have oral sex with DiMauro and then intercourse, the affidavit said. The classmates left the car.
The girl had second thoughts about having intercourse and told DiMauro to stop, but he didn't, the affidavit said. DiMauro later dropped off the three classmates, and the victim "cried the entire time home," the affidavit said.
He admitted to police in May he had sex with the girl. He was released on $20,000 personal recognizance bail following his arrest.
DiMauro will be placed on probation for seven years after his release from prison. He must also receive counseling for sexual offenders, Delker said.
DiMauro was represented by public defender Julia Nye, who declined to comment on the sentence. The victim's family also declined to speak about the sentence.
The case was prosecuted by Assistant County Attorney Amy Connolly.
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