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A former West York man accused of raping a girl when she was about 9 years old in about 2009 is now in county prison after pleading guilty to a lesser charge.

Daniel Hotz, 36, now of York City, spoke with West York Police detectives in 2017 and claimed the girl came on to him and climbed on top of him as he lay in bed, according to court documents.

A voice-stress analysis test of Hotz showed deception in his answers about whether he showed the girl a pornographic video and whether he touched any part of her with his penis, those documents state.

Hotz appeared in York County Court on Monday, March 25, and was sentenced to nine to 23 months in York County Prison, with credit for 106 days he has already served, according to court records.

Presiding Common Pleas Judge Harry M. Ness also sentenced Hotz to three years of consecutive probation and ordered him to comply with sexual-offender treatment and the county probation department's sexual offender conditions.

Hotz was taken into custody by York County sheriff's deputies immediately after sentencing and committed to prison, records state.

He pleaded guilty Nov. 19 to indecent assault of a child less than 13 years old, which is a first-degree misdemeanor.

In exchange for his guilty plea, charges of child rape, aggravated indecent assault and corruption of a minor were dismissed, according to court records.

Afraid to tell: The alleged victim, who is now a young woman and no longer lives in West York, told police that Hotz made her watch a pornographic movie and then raped her sometime around 2009, documents state.

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She said her father was friends with Hotz, whose name she wasn't sure of. She said she didn't tell her father at the time because her father was physically abusing her and "already hated her," according to those documents.

Police said she slept over at Hotz's home with a girl whose mother lived with Hotz at the time, but when she awoke there was no one there but Hotz, documents state.

That's when Hotz allegedly took her into his bedroom, held her down by her arms and forced her to watch porn on his laptop computer, police allege.

He then started rubbing her chest and thighs, took off her pants and raped her, causing injury, bleeding and pain, according to charging documents.

Tracked down: The girl was able to give police the first names of the woman who lived with Hotz at the time and her daughter, as well as where they lived in the borough, which allowed detectives to identify Hotz by name, documents state.

The girl then picked  Hotz from a photo lineup as the man who raped her, police said.

Detectives interviewed Hotz on July 10, 2017, and he initially denied the accusation, police said.

He admitted he took the girl to his bedroom to watch a movie on his laptop but denied it was a porn film, documents state.

Story changed: "Hotz then changed his story," lead Detective Michael Mendez Sr. wrote, telling detectives the girl came on to him and "wanted to play boyfriend/girlfriend."

He admitted restraining her by holding her arms but said it was to keep her from kissing him, according to documents.

Hotz admitted kissing her "just once," then changed his mind and said she only tried to kiss him, documents allege.

"Hotz added to his story that he was laying on the bed when (she) climbed on top (of) him," Mendez wrote. "He related that she was coming onto him romantically."

That's when detectives administered the voice-stress analysis test that documents allege showed deception on Hotz's part. Those tests are not admissible evidence in court.

— Reach Liz Evans Scolforo at levans@yorkdispatch.com or on Twitter at @LizScolforoYD.

 

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