By Meladi Brewer

DailyAdvocate.com

GREENVILLE — Arcanum man sentenced on sexual battery charges. Judge Jonathan P. Hein presided.

Lyndon B. Loftis, 39, of Arcanum, was sentenced Monday on one charge of sexual battery, a felony of the third degree. Loftis had previously entered a guilty plea to the sole count in August.

Sexual battery, under Ohio Law, is when a person engages in sexual conduct with another person (who is not their spouse) when they know the other party is impaired and does not have the ability to properly assess the situation or understand the implications of their actions.

State Prosecuting Attorney Deborah Quigley advised the court Loftis had groomed the victim starting at age 16 and 17 and continued the conduct until she was 19 years old. Quigley said “the victim suffered serious psychological harm and physical harm as well.”

Loftis had been a part of the female victim’s life since she was 11 years old when she was brought in through the foster care system.

“He used that position of father. A position of authority and trust, and he took advantage of it,” Quigley said.

The State recommended Loftis be placed in prison for 36 months out of a 12 month to 60 month range because of the seriousness and the fact “he isn’t accepting responsibility and shifts blame to the victim.”

Defense Attorney Alex Pendl advised the court the offense that happened in February through April of this year was a consensual sexual encounter with his adult adoptive daughter, so “any insinuation this occurred while the daughter was under the age of 18 is simply false.”

“It is less serious than similarly charged defendants because the daughter in this case is not of blood relative and also was not a child,” Pendl said. He added the offense Sexual Battery generally includes blood relatives and children victims.

Pendl advised the court Loftis’s family relies heavily on his income contributions as he and his wife have seven children under their roof, including a newborn. He advised he does not believe prison would be beneficial to his clients punishment, but instead stated the Tier III Sex Offender classification would be a significant and adequate punishment, as well as, community control.

Before Judge Hein sentenced Loftis, he allowed him to speak on his own behalf. Loftis said “I am thankful for the support team who’s worked with me. I’m sincerely apologetic for what’s happened, and I’m disappointed I allowed myself to stoop so low to allow something like that to happen.”

Loftis is required to register as a Tier III sex offender and must register every 90 days unless there are any updates to his address, employment status, and other variables. If there are any changes, he is required to notify immediately and not at the 90 day window.

Judge Hein sentenced Loftis to 36 months in prison with a mandatory five year post release control. If he violates the post release community control, he can be sent back to prison for up to 50 percent of the original sentence. Judge Hein said he could not just give the top sentence because the conduct is gross and disgusting unless he would have had previous history. Loftis does not have any prior convictions except two speeding cases.

“I do not endorse consent because she is over 18,” Judge Hein said. “As a father of a daughter it does not matter. By law it is wrong and wrong is wrong. We don’t, as parents, prey on children.”

Loftis was immediately placed into handcuffs and transported to incarceration to begin the fulfillment of his sentence.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].