Sex Abuse Defendant Sentenced After Pleading Guilty to Misdemeanor Charge

By Alisha Budhwani [former] - February 9, 2022
Court | Daily Stories | Sex Abuse | Sexual Assault | Suspects | Victims |

A sex abuse defendant was sentenced to serve 150 days in jail after he pleaded down from a felony to a misdemeanor charge.

“This is a serious crime despite pleading to a misdemeanor,” DC Superior Court Judge Robert Okun said.

According to court documents, John Flemming asked the victim if he could spend the night at her Barry Farm home. He told her he was homeless and the two had a mutual acquaintance, so she agreed to take him in.

“She was nice and she was paid back by waking up in the middle of the night by the defendant trying to push his penis in her vagina,” Judge Okun said.

The victim submitted a written victim impact statement, which was read aloud during the Feb. 7 proceedings. In it, she described the impact the crime had on her mental health.

 “I feel like I’m going crazy…I need for him to stay away from me,” she stated.

Fleming, 25, was arrested and charged with fourth-degree sex abuse in September. He was released into the High Intensity Supervision Program until the following December when he was sent to jail due to reported noncompliance with his release conditions.

Still, defense attorney Derrick Page pointed out that Fleming has not violated his stay away order, arguing that this helps show he is able to be released.

The prosecution’s offer allowed Fleming to resolve his case by pleading guilty to misdemeanor sex abuse. However, the plea deal did not include an agreement between parties to recommend a certain sentence or sentencing range, although the prosecution did agree to waive any sentencing enhancement papers. The maximum prison sentence for misdemeanor sex abuse is 180 days.

Page asked Judge Okun to release his client on time served. He spoke about how Fleming lost two members of his immediate family at a young age and spent the majority of his childhood in the custody of Child Protective Services. Because of this, Page said Fleming “missed out on the nurturing aspect that we get from our close family members.” 

Judge Okun sentenced Fleming to 180 days, 30 of which were suspended, followed by 18 months of supervised probation. He will receive credit for time served.

As part of his probation, the defendant must participate in a sex offender counseling group, alcohol and drug treatment programs and a mental health evaluation. He must also stay away from the victim and the location of the crime. However, he will not have to register as a sex offender.