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Predator who assaulted 10-year-old gets 50 years to life in prison


A sexual predator who gave a 10-year-old girl beer and cocaine before assaulting her for over an hour has been sentenced to 50 years to life in prison for his crimes.

David Rath, 39, was convicted in February on three counts of predatory sexual assault of a child, two counts of attempted rape of a child and one count of endangering the welfare of a child.

The young victim testified in the trial that Rath, who she knew, offered to take her for a ride on May 24, 2015. He had her drink from a can of beer that had been laced with cocaine and took her to a Dingens Street storage unit, where he had a couch. Rath made the girl undress and assaulted her.

She was sexually abused, thrown into boxes stored in the space, forced to perform sexual acts that made her vomit and physically battered.

Rath abused and degraded the child with utter disregard for her humanity, Assistant District Attorney Ryan Haggerty said Wednesday. When he was frustrated in his ability to achieve sexual gratification, Rath punched the child in the face and then told her she had to lie about how she was injured, Haggerty said.

Jury convicts parolee of sexually assaulting 10-year-old girl

“He said, ‘This is pointless,’ ” Haggerty said. “Her suffering, as he assaulted her in every possible way, her pain, her trauma, was ‘pointless.’ ”

Haggerty praised the girl for her courage in reporting the assault and her bravery in testifying before a courtroom full of strangers as she recounted the horrors inflicted on her.

Haggerty also pointed out for Judge Sheila A. DiTullio that, in a presentencing interview after the trial, Rath denied he did anything wrong.

"He said he doesn’t understand how he was found guilty," Haggerty said.

Defense attorney Robert Goldstein made no excuses for his client, but noted that none of Rath’s previous arrests were for sex crimes. Five earlier felony convictions involved property crimes, most connected to Rath’s longtime problems with drug abuse and mental health issues, he said.

Goldstein also said that Rath had been sexually abused when he was a child.

Before asking the judge to consider a term of 75 years to life, Haggerty also praised members of the Buffalo Police Department Sex Offense Squad and forensics investigators for their work on the case.

DiTullio then ordered Rath to a prison term of 50 years to life, and also issued an order of protection so Rath would have no contact of any kind with the victim before the year 2100.

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