Man Sentenced for Sexually Assaulting Woman After Breaking Into Her Home

By Tory Lysik [former] - May 25, 2022
Court | Daily Stories | Sex Abuse | Sexual Assault | Suspects | Victims |

A man was sentenced for sexually assaulting a woman after breaking into her Carver-Langston neighborhood apartment.

Datwain Green was initially charged with first-degree sex abuse, assault with intent to commit first-degree sex abuse and kidnapping. On March 22, he pleaded guilty to attempted first-degree sexual abuse.

Green took an Alford Plea– a plea in which a defendant does not admit to committing a criminal act but accepts that there is enough evidence to convict them.

During the March 24 sentencing hearing, defense attorney Matthew Hertz said Green has a history of mental health issues and at the time of the assault, was experiencing a mental health crisis. His health has since improved.

“He doesn’t seem to be someone who has violence in his blood, in his bones,” Hertz said. “His behavior is going to change if he takes care of himself.” 

“Mr. Green, I wish that I could be outraged or whatever else comes to mind, but, there’s something about your history that makes it understandable that there is some mitigation here in this tragedy,” DC Superior Court Judge Rainey Brandt said. “I have to admit you are a mystery to me to a certain extent.” 

Green’s Static-99 score, an evaluation instrument used to assess a person’s probability of reoffending in sexual abuse cases, judged him to have a medium to high risk of reoffending. Attorneys debated the merits of this score because Green only has one prior violent offense.

“I hope the victim can forgive me for what I’ve done,” Green said, explaining that he had never done anything like this before.

Green was in a relationship with the victim’s friend, who was temporarily living with the victim at the time of the assault. She left her door unlocked so that the friend could enter her apartment while she was gone. This is believed to be how Green was able to enter the home while the victim was away. 

“Not only mom did you lose on that day your piece of mind and security, but you lost your best friend,” Judge Brandt told the victim, who was in the audience and submitted a written victim impact statement but chose not to speak.

Green sexually assaulted the victim soon after she returned home. She yelled to the voice assistant on her iPhone, Siri, to call 911. This call was recorded and used as evidence in the case. 

“Allegedly, your best friend has taken it upon herself to shame you on social media, that is wrong, wrong wrong, to you (the victim),” Judge Brandt said. ”I want you to hear me and hear me loudly. You did nothing wrong, you did not bring this upon yourself. You are nothing more than a victim, a brave victim because I listened to that 911 call and it made me sick to my stomach. It also made me want to stand up and applaud you.” 

Officers removed Green from the victim when they arrived. Hertz said seeing the body-worn camera footage made Green become emotional. 

“If only the public could see law enforcement at its best and most courageous,” Judge Brandt said. 

Green was sentenced to three years in prison with one of those years suspended. He was sentenced on the lower end of the DC code sentencing guidelines since he only has one prior offense.

Judge Brandt said in her experience the longer someone stays on probation, the more likely they are to fail. She sentenced him to serve three years of probation after his prison sentence and register as a sex offender for the remainder of his lifetime.