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Rape trial begins, victim takes stand

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Published: October 28, 2009

MORGANTON - With a quiet voice and bowed head, a 12-year-old girl took the stand Tuesday in Burke County Superior Court to recount the often-confusing events surrounding her rape.

Attorneys spent most of Tuesday selecting a jury for the trial of Joshua Newton Clark, who is charged with first-degree rape of a child and taking indecent liberties with a child.

The victim said that in May 2006 she told her father about the incident the morning after it happened. She was 9 years old at the time.

The girl spoke in a soft, hesitant voice, often ducking her head or becoming flustered when asked detailed questions. The victim said she felt "kind of" embarrassed to talk to the jury about the incident.

According to the victim's testimony, she had known Clark for years.

On the night of the rape, he entered her unlit bedroom, she said.

Steve Brackett, Clark's attorney, asked whether she was alleging the rape took place in a dark room with the door open while her mother, brother and sister were upstairs. Brackett also asked why she did not stop him.

The girl replied, "I was little at the time. I didn't know what he was doing."

The victim said Clark pulled the covers over her eyes as she lay crosswise on the bed and he stood beside it.

The day ended with testimony from Adrienne Opdyke, who was a forensic interviewer at the Gingerbread House in 2006.

The trial is scheduled to continue today at 9:30 a.m.

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