OCEAN CITY — An 18-year-old Pennsylvania man was arrested on a second-degree rape charge last weekend after allegedly having consensual sex at a downtown motel parking garage with a 13-year-old girl, who allegedly lied about her age.
Shortly before 11 p.m. last Friday, an OCPD bicycle officer making his normal rounds in the downtown area encountered a couple having sex on the top floor of a motel parking garage. The officer approached the couple with a flashlight and the pair immediately jumped and started getting dressed, according to police reports.
The officer asked the couple for identification and the male suspect was identified as James Phillip Dotzel, 18, of Wapwallopen, Pa. The female suspect presented to the officer a ninth-grade identification card, and when asked her age, she allegedly first told police 15, then 16, then 15 again. When pressed for an accurate answer, the female admitted to police she had just turned 13 in March. At that time, Dotzel became visibly angry, threw his arms in the air and shouted, “you told me you were 16,” according to police reports.
When asked why she was having sex with an 18-year-old, the juvenile girl told police she was afraid to say no and lied about her age because she feared Dotzel would not talk to her.
The juvenile told police she had met Dotzel the night before at a downtown underage nightclub. She told police they had agreed to meet the next night at the club and danced and “messed around” before leaving to walk on the beach and Boardwalk. The juvenile told police they eventually went to the top floor of the parking garage and were having sex there when the officer arrived.
Dotzel agreed to talk with police and his version of the events was similar to the juvenile female’s version. Dotzel told police he met the juvenile at the underage club with two of her friends and they all told him they were 16. Dotzel told police he believed one had to be at least 16 to enter the underage club. The rest of Dotzel’s story was similar in detail to the juvenile female’s version. Dotzel told police the juvenile never told him to stop and consented to having sex with him. In the end, Dotzel, who was very polite and cooperative, according to police reports, was arrested and charged with second-degree rape and a third-degree sex offense.