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Rockville resident James McClain, 39, was found guilty by a jury following a three-day trial and faces decades behind bars for allegedly raping his victim in a quiet area near the Wheaton Metro Station in Silver Spring.
Specifically, McClain was convicted of:
- Second-degree rape;
- Attempted second-degree rape;
- Two counts of third-degree sexual offense.
Montgomery County State’s Attorney John McCarthy said that on July 17, 2021, McClain raped a woman - who was not known to him - next to the station.
Officials say that his victim was at the metro station waiting for her bus when she was approached by McClain, whom she had never met. He began talking to her and she said he would not leave her alone.
McCarthy noted that McClain’s victim is diagnosed with autism, bipolar disorder, schizo-affective disorder, obsessive-compulsive disorder, and post-traumatic stress disorder.
According to court documents, McClain wanted to go on a walk with his victim, to which she declined.
“(The victim) stated that McClain was very bossy, that she couldn't say no, and 'he wouldn't take no for an answer,” prosecutors said.
"He then took her to a private spot behind the Metro parking garage, where he began groping her private parts, kissed her neck, face, and ears before removing his erect penis from his pants, telling (the victim) to perform fellatio.”
Despite her protestations, prosecutors say that the victim felt she could not say no, and after some time, he pulled her up, pulled down her shorts and her adult diaper to her knees, forcing her against the wall, according to the statement of charges.
“She tried numerous times to get off the wall, but McClain held her against (it),” the statement reads. He then attempted to penetrate her with his penis, but could not.
“While this was happening, (the victim) told McClain to stop numerous times and that she needed to leave. McClain responded by telling (her) she needed to get her ‘mind right' and she thought ‘too late,’ meaning McClain recognized that his victim had slow cognition.”
She also advised that she had been sexually abused and raped in the past. The two then walked back to the metro station and the victim immediately disclosed what happened to the Metro attendant, who notified the police.
Following a three-day trial, it took the jury less than an hour to reach a consensus and convict McClain on Wednesday, Nov. 30. When he is sentenced on March 1, 2023, he will face up to 60 years in prison.
“The bravery of the victim in coming forward initially and then participating in the trial, testifying before the jury, cannot be overstated,” McCarthy said in a statement. “We are grateful for her help and the prosecutorial work of Assistant State’s Attorneys Gabriel Carrera and Lauren Fetsch. A predator in our community will now be held to account.”
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