Man convicted of sexually abusing 13-year-old girl

A Linn County man was convicted this week for sexually abusing a 13-year-old girl in 2006.

Duane Fleming, 39, was convicted Wednesday on charges of third-degree sexual abuse and assault with intent to commit sexual abuse. Jurors deliberated about about eight hours before reaching their verdict.

Fleming was accused of fondling the girl and having sexual  intercourse with her. The victim testified she thought of Fleming as a second father. Fleming was a friend of the family and the victim would go over to his house to babysit and play with his younger sons.

The victim said Fleming first grabbed her breasts one day while she was in the home to watch his sons. The next time, Fleming exposed himself to her. All the incidents happened while Fleming's wife and other son were not in the house.

The victim, upset and confused by Fleming's behavior, decided not to go back over to Fleming's house, but then he called her mother and asked if she could come over and play with his children. The victim went because she hadn't told anyone he was sexually abusing her. The victim said this time, Fleming got her alone again in his son's bedroom and sexually assaulted her on the bed. She said it only lasted a few minutes.

Fleming testified none of the incidents happened. He said one time he hugged the victim and then felt uncomfortable about the hug and when he pushed her away, he accidentally touched her breast.

Al Willett, Fleming's attorney, asked the jury in his closing to look at all the inconsistencies in the girl's story and look at the lack of physical evidence.  A doctor testified the alleged victim's hymen was intact and there was no sign of sexual intercourse. Willett said a lack of physical evidence prevents the state from proving its case.