Ronald Morris, Fahl’s attorney, told Clark County Common Pleas Judge Douglas Rastatter during the sentencing hearing that his client was not fully aware of his actions because he was high on drugs.
“The day of this crime he was under the influence of marijuana, Percocet and Vicodin,” Morris said. “That combination renders him mentally hopeless in doing the right thing.”
However Brian Driscoll, Clark County assistant prosecutor, argued Fahl had been to prison before and never tried to seek treatment for his addictions.
“Instead of trying to get that help, he used it as a crutch or tool to commit these heinous acts,” Driscoll said.
Crying in court while the judge listed the charges, Fahl apologized for his actions.
“I’m very, very sorry for what I’ve done, and I hope everybody forgives me,” he said.
Fahl is the second member of his family to be convicted of rape. His brother, Samuel Fahl, was convicted in 2005 of three counts of rape. He is serving a 40-year sentence.
Dennis Fahl, their uncle, said it’s been unimaginable to see Scott Fahl commit the same crime.
“When his brother got sentenced, he said he’d never be like that,” Dennis Fahl said. “I think he should have got more time because (what he did) will stay with us for the rest of our lives.”
Once out of prison, Fahl will be on probation for five years and must register as a Tier 3 sex offender.
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