Jury deliberates in Philhower trial

34-year-old Harold Philhower is facing eight felony counts for an apparent sexual relationship he had with a thirteen-year-old girl back in 2014.

In the state’s closing arguments on Thursday, the prosecutor said, “this case is about violation.” She told the jury that Philhower reeled the apparent victim into their relationship by using the trust of her father. He was a close friend of Philhower’s.

The prosecutor went on to explain that nervousness and fear of disappointing her father were the reasons why the girl didn’t tell the truth about what was going on between Philhower and her.

The state also noted that because she was thirteen at the time of the alleged crime, she couldn’t legally consent to sex.

In the defense’ closing statements, Philhower’s attorney said the victim…”can’t consent, but she can be willing.”

The defense also noted that in the girl’s second interview with police, she told them the actions between her and Philhower were, “fifty-fifty.”

The jury was sent back to deliberate on the case shortly after 2:30 p.m. on Thursday.

Around 4:45 p.m., the jury came back into the courtroom with a question for the judge.

The question was, “What is the difference between rape second and rape third? Because she is under 14?”

There appeared to be some confusion between defining second degree rape and third degree rape. Philhower is facing second degree rape. However, if the jury doesn’t find him guilty of that charge, they could find him guilty of the lesser which is third degree.

The judge told the jury to refer back to their instructions where the information is published.