BENTONVILLE -- A Rogers man's jury trial ended Tuesday when he decided to plead guilty to sexually assaulting a 15-year-old girl.
Kenneth Barsch, 37, was charged with rape and sexual assault, but decided to plead guilty to the sexual assault charge under a plea agreement Herb Southern, Barsch's attorney, reached with Tim McDonald, deputy prosecutor.
The plea came after the jury was selected and testimony had started in the trial.
The girl's mother reported to Bella Vista police that Barsch raped her daughter in March 2020, according to a probable cause affidavit. The girl was left alone with Barsch the day he was released on parole from the Arkansas Department of Corrections, the affidavit states.
The girl said Barsch raped her and told her never to tell anyone or "he'll go away for a long time," according to the affidavit.
Barsch denied raping the girl when he was questioned by police, according to the affidavit.
McDonald read a victim impact statement from the teen. She wrote that Barsch's actions had made her lose trust in those closest to her and she is still working to build herself back up.
Benton County Circuit Judge Robin Green accepted the plea agreement and Barsch's guilty plea.
Barsch was sentenced to 12 years and six months in prison. He will have to register as a sex offender and complete a sex offender treatment program.
Green ordered Barsch not to have unsupervised contact with any minors. She also issued an order prohibiting Barsch from ever having contact with the girl.
Barsch described himself as immature and apologized to the girl and those impacted by his actions.
"I apologize for what happened," he said. "I really hope she can grow and move on with your life."
Benton County Prosecuting Attorney Nathan Smith said a plea agreement mid-trial is rare, but in this case it was the right thing to do and supported by the victim. He said the evidence in this case rested primarily on the victim's testimony.
"Despite how compelling a victim's testimony may be, it is always a risk to reject an offer of a certain conviction and prison sentence," Smith said. "Here, after the victim testified, the defendant offered to plead guilty and accept a longer prison sentence than had been discussed pre-trial."
Smith said his deputies decided the plea was the wisest course of action to guarantee Barsch would be held accountable for his crime.
"There is no doubt that without the victim testifying against her abuser, he would not have agreed to the sentence he received today," Smith said. "I hope that this resolution will allow the victim to heal from this horrific trauma and move on with her life."