WINCHESTER — Damon Earl Bailey held his head in his hands in as the details of his rape of a 14-year-old girl were recounted in Winchester Circuit Court on Tuesday.
The girl, who is from out of state, was visiting Winchester and sleeping on an air mattress in Bailey’s home in the 200 block of East Whitlock Avenue on June 13, 2018. Around 1 a.m., Bailey entered the room, removed his clothes and raped her.
After the rape, the girl said she heard Bailey arguing with his girlfriend. The girlfriend had woken up and was looking around the home for Bailey. The day after the rape, the girl went to Winchester Medical Center and reported being raped. Bailey, who initially denied the accusation, was arrested a short time later.
In a plea bargain, the 33-year-old Bailey pleaded guilty to incest and rape. Bailey, whose DNA was found in the girl’s underwear, received a five-year suspended sentence on the incest charge and a life sentence, with all but 18 years suspended, on the rape charge. An aggravated sexual battery charge was dropped as part of the agreement.
Upon release, Bailey will have to register as a sex offender and cannot have unsupervised contact with people under 18. He will be on five years of supervised probation followed by indefinite unsupervised probation. Bailey wouldn’t comment before being sentenced, and defense attorney Martin R. Scheller declined comment after the sentencing.
Heather D. Hovermale, Winchester deputy commonwealth’s attorney, said in court that she wanted to bring the case to trial and seek a life sentence for Bailey. However, she said the girl’s grandmother, with whom the girl lives, said her granddaughter was deeply traumatized by the rape and didn’t want to testify about it at a trial. Hovermale said the girl confirmed that she didn’t want to undergo the ordeal of having to testify.