David John Stultz is charged with one count each of first-degree rape, second-degree rape and kidnapping, and two counts of second-degree assault after he was allegedly found sexually assaulting a female in the backyard of a house on Pennsylvania Avenue. <a href="http://www.carrollcountytimes.com/news/crime/ph-cc-pennsylvania-avenue-rape-20160506-story.html" target="_blank">Full story here</a>.
David John Stultz is charged with one count each of first-degree rape, second-degree rape and kidnapping, and two counts of second-degree assault after he was allegedly found sexually assaulting a female in the backyard of a house on Pennsylvania Avenue. Full story here.

Authorities are saying an incident involving the rape of an 18-year-old female Thursday night should be considered a rare case.

Westminster Police Department officers responded to a call of a kidnapping and allegedly found David John Stultz sexually assaulting a female in the backyard of a house on Pennsylvania Avenue.


Stultz, 48, of the unit block of Pennsylvania Avenue, is charged with one count each of first-degree rape, second-degree rape and kidnapping, and two counts of second-degree assault, according to electronic court records.

As of 8:30 p.m. Friday, he was being held without bail after an initial appearance in front of a court commissioner but is awaiting a bail review, according to electronic court records.

Stultz allegedly confronted the woman and a male companion as they walked along Winters Alley in Westminster at about 11:20 p.m. Thursday, police said. The male was a student at nearby McDaniel College but the woman was not, according to an email alert sent to students by school officials.

Stultz indicated he was armed and ordered the two to the ground, according to police.

Westminster police Capt. Pete D'Antuono said Stultz intimated he had a gun, but no one saw a weapon and police have not recovered a weapon.

Stultz then grabbed the female victim and forced her toward Pennsylvania Avenue, according to police.

Westminster police and Carroll County Sheriff's Office deputies responded to the area, established a perimeter and began to search for the victim, who was located, along with Stultz, in the backyard of a home in the unit block of Pennsylvania Avenue.

An officer allegedly saw Stultz sexually assaulting the victim, according to police.

D'Antuono said that about a half hour had passed between the initial call and when Stultz was apprehended.

The female victim was taken to Carroll Hospital for evaluation and treatment of non-life-threatening injuries. D'Antuono said she had been released from the hospital Friday morning.

Pennsylvania Avenue can be a high-crime area for Westminster, but D'Antuono said this particular incident is "quite out of character for things we've had in the past."

The incidence of rape by a stranger is uncommon, said Janice Kispert, CEO of the Rape Crisis Intervention Services in Westminster.

"It sounds like one incident. One guy. He got caught," Kispert said.

There were 19 reported cases of rape in Carroll County in 2014, which is the most recent data, according to the 2014 Uniform Crime Report put out by the state.


Most cases of rape or sexual assault happen between two people who know each other, she said.

According to the Rape, Abuse, Incest National Network, 87 percent of reported sexual assaults are committed by someone known to the victim, with about four in five reported rapes committed by someone the victim knew.

Half of the reported incidents occur in a 1-mile radius to the victim's home, with 18 percent occurring in a public place and 43 percent of incidents happening between 6 a.m. and midnight, according to RAINN.

Police believe Stultz did not personally know the victim, D'Antuono said.

Stultz is listed as a Tier III sex offender, the highest level in the Maryland Sexual Offender Registry, stemming from an April 1998 second-degree rape conviction in Baltimore County.

Stultz was sentenced to serve 20 years in prison for that conviction and was released March 4 from the Western Correctional Facility in Cumberland on probation, according to Gerard Shields, a spokesman for the Department of Public Safety and Correctional Services. Stultz's sentence began in September 1997, accounting for time served prior to conviction, according to Shields, and he was to be on probation until the completion of his sentence on Sept. 2, 2017.

D'Antuono said Stultz was wearing an electronic monitoring device on his ankle when he was arrested Thursday.

Shields said Stultz was released from prison early by law.

"They accumulate credits for good behavior," Shields said. "That's why his probation goes until next fall. It's the remainder of his sentence. They have to serve a percentage of their sentence."

Maryland sentencing guidelines set the maximum sentence of 20 years in prison for second-degree rape. The maximum sentence for first-degree rape — defined as intercourse without consent by use or threat of force — is life without parole.

Stultz's sex offender registration date is listed as March 8. As of April 21, he had listed a room at the Best Western hotel on WMC Drive as his primary address, according to the registry. D'Antuono said Stultz gave police an address on Pennsylvania Avenue as his permanent address when he was arrested, and D'Antuono said he talked to neighbors at the same complex and all indications suggest that is where Stultz was living.

Westminster police had previous contact with Stultz, but not recently, according to D'Antuono.

"He's in our system, but it has some age to it," he said.

The Sheriff's Office is the agency responsible for maintaining the sex offender registry in the county, and it conducts compliance checks monthly. The most recent check occurred during the week of April 7 to 14, according to a news release from the Sheriff's Office.

Maj. Charles Rapp said Stultz notified the Sheriff's Office of a change in address to the unit block of Pennsylvania Avenue on April 29. A compliance check would have been completed by the end of May to verify he was living there. Stultz was in compliance as it relates to the registry, Rapp said.

"In my experience, it's rare to have someone on the registry commit a stranger crime that quickly," Rapp said.

Statistics show that 46 percent of convicted rapists will be arrested again within three years for another crime, with 18.6 percent committing a violent crime, according to RAINN.

Kispert said she doesn't focus on the legal side of the sex offenders registry or when a person would be released from prison after serving a sentence for a rape conviction. However, she said the system is frustrating because convicted rapists can find new victims once they are released.

"It just seems to me that we need to be more aware of these guys who are getting out," she said.

Court records show Stultz, who was living in Middle River at the time, was found guilty of fourth-degree burglary in Carroll County in 1997, and was given an 18-month suspended sentence with 30 months of probation. Electronic court records in previous incidents also show he had addresses in Westminster, Taneytown and Finksburg in the mid-1990s prior to the burglary conviction.

In 2006, Stultz was accused of a second-degree sex offense and second-degree assault of a corrections officer, among other related charges, while he was in custody at the Western Correctional Facility, according to electronic court records, but those charges were abandoned by Allegany County prosecutors in 2007.

The alleged victim in the case was Stultz's cellmate, Allegany County State's Attorney Michael Twigg said.


The state attempted to prosecute the case twice, but the Maryland Department of Public Safety and Correctional Services failed to bring Stultz to the trial, at one point saying he was not in Maryland, Twigg said.

The Allegany County State's Attorney's Office could also not get in touch with the cellmate once he was released, and without a victim or defendant, the office had no choice but to dismiss and abandon the case, Twigg said.

Anyone with information relating to this case is asked to contact Detective Sgt. Jeffrey Schuster of the Westminster Police Department at 410-848-4646.

In response to the incident, McDaniel College is extending local shuttle hours until 1 a.m. Friday and Saturday night, which is the final weekend of the spring semester, according to a notice sent to students Friday morning. The college also reminded students to contact the Department of Campus Safety for an escort by calling 410-857-2202.



For those who are victims of sexual assault or need to talk to someone, the Rape Crisis Intervention Service offers free and confidential services. The office's hotline is 410-857-7322.

More information

While incidents of sexual assault and rape by strangers are uncommon, it is always good to be aware of a person's surroundings, Kispert said.

People — male and female — should make sure to walk in groups and watch their drinks at parties or bars.

It's also important to know who lives around the area, Kispert said, and she advises checking who is on the sex offender registry.