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Dupont Man Faces Child Sex Charges

July 11, 2018 GMT

DUPONT — A borough man faces child sex charges alleging he raped a 12-year-old girl.

Joshua Michael McGilvary, 19, of 329 Lackawanna Ave., is accused of sexually abusing the pre-teen after meeting her while delivering pizza.

According to the charges, the girl met McGilvary when he delivered pizza while she was at a 15-year-old friend’s house. The girl told investigators McGilvary knew she was 12 because she and her friend told him.

Nevertheless, McGilvary began communicating with the girl on Instagram and Snapchat, and they met up on at least two occasions, police said. In May, McGilvary brought the girl to a parking lot near Oblates of St. Joseph in Laflin and had sex with her in the back seat, according to police.

Then early the morning of June 25, McGilvary picked her up from a relative’s home and brought her to his house, where they had sex in his bedroom, police said. During the encounter, McGilvary used his cellphone to take photos and record the girl, according to police.

Later that morning, the girl woke up to the sound of a phone locator application sounding on her iPhone, and realized her mother was outside looking for her, the complaint says. Police said the girl’s mother tracked her to McGilvary’s house using the app after realizing the girl had not stayed at the relative’s house as planned.

During questioning, McGilvary initially claimed the girl slept on his couch and nothing happened. But he later admitted she came to his bedroom and they had oral sex, police said.

McGilvary, however, maintained they did not have sexual intercourse because he got the “vibe” that the girl didn’t want to, according to police.

He told police although he knew the girl was younger than his 15-year-old ex-girlfriend, he did not know she was 12. Upon hearing the girl’s true age, McGilvary claimed to feel sick to his stomach and said he was sorry, police said.

He also maintained he’s not attracted to younger girls but merely those who are “tiny and short,” weighing less than 100 pounds.

“I know this sounds pedophilic,” the complaint quotes McGilvary as saying.

Police said a search of McGilvary’s phone turned up two nude images of the girl as well as a video showing McGilvary having sex with a young girl who appears to be the girl, according to the complaint.

Police charged McGilvary with rape of a child, involuntary deviate sexual intercourse with a child, indecent assault, statutory sexual assault, photographing a sex act on a minor, possessing child pornography and corruption of minors.

Magisterial District Judge Alexandra Kokura Kravitz arraigned McGilvary on Tuesday afternoon and ordered him jailed at the Luzerne County Correctional Facility with bail set at $200,000.

A preliminary hearing was set for Aug. 8.

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