A former Ohio University student, accused but innocent of rape in 2009, has asked the Athens County Common Pleas Court to remove the record in his case from public access in a hearing Friday.
Matthew Kulchar, 25, requested his case be sealed after an unsuccessful appeal.
He faced an indictment of one count of rape, one count of kidnapping and two counts of tampering with evidence.
OU police officers arrested Kulchar and said he held another OU student in her Boyd Hall dorm room, where he raped her for several hours. Kulchar later sent a text message to his roommate asking him to dispose of the Spongebob Squarepants boxers he wore during the encounter, according to a previous Post article.
Kulchar admitted during the trial that he had sex with the alleged victim, but said that she had given consent.
Kulchar was convicted of tampering with evidence, a felony of the third degree, but acquitted of the rape and kidnapping charges, both felonies of the first degree. He was arraigned in November 2008 and was sentenced to three years in prison in January 2010 and ordered to avoid contact with the victim.
On Sept. 29, 2011, the court denied Kulchar’s appeal because he was “sentenced lawfully and police had sufficient evidence,” according to a previous Post article.
However, he was granted judicial release in June 2012 to enter a community control program for five years. He was also required to undergo a substance abuse evaluation and has been subject to random drug and alcohol testing, according to court documents.
Athens County Prosecutor Keller Blackburn could not be reached for comment by press time on the expected ruling.
@KellyPFisher
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This article appeared in print under the headline "Former OU student asks court to seal rape case records from public."
